Bergey's Appeal
Supreme Court of Pennsylvania
Appeal from tbe decree of the Court of Common Pleas of Montgomery county: No. 206, to January Term 1869. In the court below, the proceedings were the distribution of the balance of the proceeds of the sheriff’s sale of certain real estate, sold under a levari facias at the suit of Peter B. Boorse against Jacob Bergey and Deborah Bergey his wife; the amount for distribution being $1452.13. The fund arose from the sale of two tracts of land, spoken of in the proceedings as the…
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Appeal from tbe decree of the Court of Common Pleas of Montgomery county: No. 206, to January Term 1869. In the court below, the proceedings were the distribution of the balance of the proceeds of the sheriff’s sale of certain real estate, sold under a levari facias at the suit of Peter B. Boorse against Jacob Bergey and Deborah Bergey his wife; the amount for distribution being $1452.13. The fund arose from the sale of two tracts of land, spoken of in the proceedings as the Snyder and Boorse tract and the Price tract. The execution under which they were sold was on a mortgage given by Bergey…
1Opinion of the Court
The opinion of the court was delivered,
by
Thompson, C. J.
The material question in this case, is as to the character in which Jacob Bergey received his wife’s money. There was no dispute that he did receive it, amounting to some $1680, being her patrimonial portion. This the auditor finds; but at the same time he has found that he received it as a gift from his wife. The testimony relied on for this conclusion is that of Abraham Landis, who, after stating in chief the fact that he had paid Deborah Bergey $1500 “ out of her father’s and mother’s estate” some seventeen or eighteen years ago,…
2Cited by8 opinions
- Estate of Honickman v. CommissionerUnited States Tax Court · 1972
- Est. of WormleySupreme Court of Pennsylvania · 1890
- Heckman v. HeckmanSupreme Court of Pennsylvania · 1906
- Cary v. CaryOregon Supreme Court · 1938
- Etheredge v. . CochranSupreme Court of North Carolina · 1929
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