Lippincott's Estate
Superior Court of Pennsylvania
Appeal, No. 9, April T., 1902, by-Calvary Presbyterian Church of Canton, Ohio, from decree of O. C. Allegheny Co., Nov. T., 1900, No. 75, sustaining exceptions to adjudication in estate of Helen L. Lippincott, deceased. Exceptions to adjudication.
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Appeal, No. 9, April T., 1902, by-Calvary Presbyterian Church of Canton, Ohio, from decree of O. C. Allegheny Co., Nov. T., 1900, No. 75, sustaining exceptions to adjudication in estate of Helen L. Lippincott, deceased. Exceptions to adjudication. Before Over, J., the auditing judge, the Calvary Presbyterian Church of Canton, Ohio, presented a claim for $1,000, based upon the following writing; “ Canton, Ohio, Nov. 1, 1895. “ I hereby agree to contribute to the building fund of the Calvary Presbyterian Church, Canton, Ohio, the sum of one thousand dollars, to be paid as she directs in sums,…
1Opinion of the Court
Opinion by
William W. Porter, J.,
In addition to the reasons given by the court below for refusing the claim of the appellant, another appears. • Assuming *216that the claimant had shown an unconditional promise bjr the decedent to contribute $1,000 to the erection of a church building by the claimant corporation, no consideration was shown to support the promise. Consideration is as essential in the case of a promise to give to a charity as in any other. The maxim ex nudo facto non oritur actio applies: Reimensnyder v. Gans, 110 Pa. 17; Helfenstein’s Estate, 77 Pa. 331; Phipps v. Jones, 20 Pa.…
2Cases cited5 opinions
- Singerly v. ThayerSupreme Court of Pennsylvania · 1885
- Helfenstein's EstateSupreme Court of Pennsylvania · 1875
- Nelson v. Von BonnhorstSupreme Court of Pennsylvania · 1857
- Reimensnyder v. GansSupreme Court of Pennsylvania · 1885
- Pratt v. McCawleySupreme Court of Pennsylvania · 1853
3Cited by3 opinions
- Smith v. WeaverSuperior Court of Pennsylvania · 1909
- Estate of Thomas P. WalshSuperior Court of Pennsylvania · 1928
- Wanamaker's EstatePennsylvania Orphans' Court, Philadelphia County · 1932