Madeira's Appeal
Supreme Court of Pennsylvania
Appeal from a decree of the Orphans’ Court of Philadelphia County. These are appeals of Louis 0. Madeira aud Adaline L. Madeira, as next of kin, from a decree of the orphans’ court dismissing exceptions filed by them to the adjudication of the account of Olara N. Madeira, widow and administratrix of Walter 0. Madeira, deceased.
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Appeal from a decree of the Orphans’ Court of Philadelphia County. These are appeals of Louis 0. Madeira aud Adaline L. Madeira, as next of kin, from a decree of the orphans’ court dismissing exceptions filed by them to the adjudication of the account of Olara N. Madeira, widow and administratrix of Walter 0. Madeira, deceased. Walter C. died June 26, 1882, leaving among other assets a policy of insurance upon his life, to the amount of $5,000. Upon the account, the administratrix claimed this sum as her property, upon the ground that decedent had made a gift to her of the policy. The court…
1Opinion of the Court
Opinion by
Mr. Justice Gordon:
Had Walter C. Madeira executed an assignment of the policy in question to his wife, the appellee, there could have been little, if any, doubt as to her right to the proceeds, though the delivery of that assignment had been evidenced by nothing more than its deposit in a box or other receptacle common to the use of both husband.and wife. But, says Mr. Justice Siiarswood in Bond v. Bunting, 78 Pa. 210: “Is not a gift an assignment, perfected by a delivery which debars the donor from revocation ?” Undoubtedly it is, and this doctrine is recognized in Re Gray, 1 Pa.…
2Cases cited2 opinions
- Bond v. BuntingSupreme Court of Pennsylvania · 1875
- Crawford's AppealSupreme Court of Pennsylvania · 1869
3Cited by4 opinions
- Opitz v. KarelWisconsin Supreme Court · 1903
- Fulforth v. Prudential Insurance Co. of AmericaSuperior Court of Pennsylvania · 1941
- Myers v. EckersonSupreme Court of Pennsylvania · 1927
- Johnson v. New York Life InsuranceSupreme Court of Colorado · 1914