Walls' Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia County-: Of January Term, 1885, No. 178. Appeal from a decree of said court sustaining exceptions to the adjudication of the Auditing Judge in the distribution of the estate of Joseph Heathcote, deceased, Benjamin Sharp executor, amounting to 19,236.18, and making a final adjudication of the same.
Read the full summary
Appeal from the Orphans’ Court of Philadelphia County-: Of January Term, 1885, No. 178. Appeal from a decree of said court sustaining exceptions to the adjudication of the Auditing Judge in the distribution of the estate of Joseph Heathcote, deceased, Benjamin Sharp executor, amounting to 19,236.18, and making a final adjudication of the same. The facts of the case sufficiently appear from the opinion of the Auditing Judge, Hanna, P. J., and the opinion of the court, delivered by Penrose, J., in sustaining exceptions to the adjudication of the Auditing Judge. The following is the opinion of…
1Opinion of the CourtJustice Green
The claim of the appellant is based only upon the footing of an express contract. As she was the niece by marriage of the decedent, and was taken into his family when only six years of age, and was fed, clothed and maintained by the decedent as one of his family during all the period of her stay with him, nothing less than an express contract would be sufficient to sustain a recovery. The only direct evidence of such a contract is found in the testimony of Mrs. Dukes. The appellant being about the age of fourteen years, a conversa*469tion took piace between her mother and her uncle, the dece*…
2Cited by28 opinions
- Shropshire v. RaineySupreme Court of Georgia · 1920
- McDonald v. LambertNew Mexico Supreme Court · 1938
- Butler v. KemmererSupreme Court of Pennsylvania · 1907
- Fahringer v. Strine EstateSupreme Court of Pennsylvania · 1966
- Reynolds, Exrx. v. Williams, Exec.Supreme Court of Pennsylvania · 1924
23 more not listed; retrieve them via the Exa API.