Miller's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Berhs county. This was an appeal by George Miller from the decree of the Orphans’ Court, distributing the fund in the hands of George M. Miller, Joseph M. Miller, and Joseph Merkel, administrators with the will annexed of Joseph Miller, deceased. Joseph Miller died September 22d 1857, leaving nine children, owning real and personal property, having made a will, the provisions of which have no relation to this appeal.
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Appeal from the Orphans’ Court of Berhs county. This was an appeal by George Miller from the decree of the Orphans’ Court, distributing the fund in the hands of George M. Miller, Joseph M. Miller, and Joseph Merkel, administrators with the will annexed of Joseph Miller, deceased. Joseph Miller died September 22d 1857, leaving nine children, owning real and personal property, having made a will, the provisions of which have no relation to this appeal. Administrators,’ with the will annexed, were appointed, who filed an inventory, in which they included a book account against George M. Miller,…
1Opinion of the Court
The opinion of the court was delivered,
by Strong, J.
Our Acts of Assembly do not define an advancement, and we are therefore compelled to resort to the decisions of the courts, to determine whether a sum of money received by a child from a parent or expended for his benefit, is a gift or an advancement, or whether it is intended to create legal indebtedness. Questions of advancement are always questions of intention, and of intention when the property is received by the child. If it was a gift then, it cannot be converted into a debt by any subsequent act or intention of the father. If it was…
2Cases cited4 opinions
- Levering v. RittenhouseSupreme Court of Pennsylvania · 1839
- Haverstock v. SarbachSupreme Court of Pennsylvania · 1841
- Johnson v. BeldenSupreme Court of Connecticut · 1850
- Kreider v. BoyerSupreme Court of Pennsylvania · 1840
3Cited by6 opinions
- Kocher EstateSupreme Court of Pennsylvania · 1946
- Barron v. BarronSupreme Court of Georgia · 1935
- Houston EstateSupreme Court of Pennsylvania · 1956
- Huber Manufacturing Co. v. SmithgallSuperior Court of Pennsylvania · 1902
- Whyte's EstatePennsylvania Orphans' Court, Philadelphia County · 1930
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