Shields v. Irwin
Supreme Court of Pennsylvania
Judgment was confessed in favour of the plaintiffs, subject to the opinion of the court, on the following case. Thomas Mifflin, esq. executed an instrument of writing as ^follows: “In consideration of the care and attention “ shewn to me by Mary Shubert, formerly of German- L ^9 “ town, during several severe fits o*f illness, I acknowledge my“self justly indebted to her, and as a consideration for her said “ care and attention, I hereby declare that my executors or…
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Judgment was confessed in favour of the plaintiffs, subject to the opinion of the court, on the following case. Thomas Mifflin, esq. executed an instrument of writing as ^follows: “In consideration of the care and attention “ shewn to me by Mary Shubert, formerly of German- L ^9 “ town, during several severe fits o*f illness, I acknowledge my“self justly indebted to her, and as a consideration for her said “ care and attention, I hereby declare that my executors or ad“ministrators, as the case may be, shall in one year after my “ decease, pay to the said Mary Shubert one thousand dollars, “…
1Opinion of the Court
The case was submitted to the court without argument.
The court were clearly of opinion, that the instrument operated as an obligation, by the intention of ’the parties. It was given for a just debt, and was delivered to the creditor. The payment only was deferred until after his death, and was then to be made by his legal representatives. In this there is nothing illegal. (Vide 8 Term Rep. 483.)
Judgment for the plaintiffs.
2Cited by3 opinions
- Kinnebrew's Distributees v. Kinnebrew's AdministratorsSupreme Court of Alabama · 1860
- Losch's EstateSupreme Court of Pennsylvania · 1919
- Estate of Williams, Superior Court of California, County of San Francisco1895