Tarr v. Robinson
Supreme Court of Pennsylvania
Appeal, No. 142, Oct. T., 1893, by-plaintiffs, Catharine Tarr et ah, from judgment of O. P. Westmoreland Co., May T., 1890, No. 575, on verdict for defendants, Matilda Robinson et al.
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Appeal, No. 142, Oct. T., 1893, by-plaintiffs, Catharine Tarr et ah, from judgment of O. P. Westmoreland Co., May T., 1890, No. 575, on verdict for defendants, Matilda Robinson et al. Ejectment. ’ [Cf. Gilbert’s Ap., 85 Pa. 347, for construction of will.] At the trial, before White, P. J., of the 40th judicial district, specially presiding, it appeared that James R. Tarr died in 1864, leaving a will by which he devised a portion of his farm “ to my son, Melker Tarr, at thirty dollars per acre, the proceeds to be equally divided and paid to the rest of my children, in the same manner that they…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
It is now too well settled to admit of question that, upon the ground of implied benefit, the assent of a donee will be presumed ; and the title will vest eo instanti the gift is made, even *63though he be ignorant of the transaction, and will .continue in him until he rejects it. Hence the burden of proof is on those who allege refusal to accept: Skipwith v. Cunningham, 8 Leigh, 271; Read v. Robinson, 6 W. & S. 329; Jackson’s Ap., 126 Pa. 105. As between Melker Tarr, the devisee in this case, and the residuary devisees, this burden would have been sustained…
2Cases cited10 opinions
- Duffield v. HueSupreme Court of Pennsylvania · 1889
- Dickson v. McGraw Bros.Supreme Court of Pennsylvania · 1892
- Read v. RobinsonSupreme Court of Pennsylvania · 1843
- McKee v. PerchmentSupreme Court of Pennsylvania · 1871
- Appeal of JacksonSupreme Court of Pennsylvania · 1889
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- M. Darragh & Co. ex rel. Darragh v. StevensonSupreme Court of Pennsylvania · 1898
- Welch v. SultezSupreme Court of Pennsylvania · 1940
- Bacon, Receiver v. BarberSupreme Court of Vermont · 1939
- Wooten's Trustee v. HardyCourt of Appeals of Kentucky (pre-1976) · 1927
- Roop v. GreenfieldSupreme Court of Pennsylvania · 1945
15 more not listed; retrieve them via the Exa API.