Burkholder's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia county: Of July Term, 1883, No. 10. Appeal by Martha Burkholder from a decree of said court, dismissing her exceptions to the adjudication upon the audit of the account of the administratrix of the estate of Richard J. Rutter deceased.
Read the full summary
Appeal from the Orphans’ Court of Philadelphia county: Of July Term, 1883, No. 10. Appeal by Martha Burkholder from a decree of said court, dismissing her exceptions to the adjudication upon the audit of the account of the administratrix of the estate of Richard J. Rutter deceased. Before the auditing Judge the following facts appeared: The decedent, Richard J. Rutter, and his wife were married about the year 1834. Mrs. Rutter had a son by a former marriage — David Brisben — and had an interest, under the intestate laws, in the real estate of her former husband, which had been determined to…
1Opinion of the CourtJustice Paxson
It was not alleged that the agreement between Richard Rutter, Julia Rutter, his -wife, and David.Brisben. had been obtained from the said Richard Rutter by means of. fraud or undue influence. It was resisted solely on the ground of want of consideration, and that .being executory, it could not be enforced. The court below held that there was sufficient consideration, from which ruling this appeal was taken.
The agreement bears date the sixth , day of August, A. i>. 1849, and recites that “ whereas differences lately happened between the said Richard Rutter and Julia, his wife, which caused the…
2Cases cited3 opinions
- Rice v. BixlerSupreme Court of Pennsylvania · 1841
- Barton v. WellsSupreme Court of Pennsylvania · 1840
- Worrall's AccountsSupreme Court of Pennsylvania · 1842
3Cited by17 opinions
- Miller v. MillerSupreme Court of Pennsylvania · 1925
- Huffman v. HuffmanSupreme Court of Pennsylvania · 1933
- Commonwealth v. McCoySupreme Court of Pennsylvania · 1961
- Lineaweaver's EstateSupreme Court of Pennsylvania · 1925
- Singer's EstateSupreme Court of Pennsylvania · 1911
12 more not listed; retrieve them via the Exa API.