Bierer's Appeal
Supreme Court of Pennsylvania
Appeals from the Orphans’ Court of Fayette county: Of October and November Term 1879, Nos. 830 and 363. Appeals of Everard Bierer and others, executors and devisees of Everhart Bierer, deceased, from the decree of the court dismissing the exceptions of said executors and devisees to the report of the auditor appointed to report upon exceptions to the final and partial account of said executors, and confirming said report.
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Appeals from the Orphans’ Court of Fayette county: Of October and November Term 1879, Nos. 830 and 363. Appeals of Everard Bierer and others, executors and devisees of Everhart Bierer, deceased, from the decree of the court dismissing the exceptions of said executors and devisees to the report of the auditor appointed to report upon exceptions to the final and partial account of said executors, and confirming said report. Also the appeal of Ruth Bierer from the same decree of said court. The material facts are stated in the opinion of this court.
1Opinion of the CourtJustice Mercur
These two appeals are from the same decree, and were argued together.
*266The main contention arises on two written instruments. The one an ante-nuptial contract between Everhart Bierer and Ruth Shaw; the other a release executed by her after the death of her said husband.
It is a sound rule that parties to an ante-nuptial contract do not, like buyer and seller, deal at arms’ length, but stand in a confidential relation, requiring the exercise of the greatest good faith. There must be a full disclosure of the circumstances and property of each. If the provision secured for the wife is manifestly…
2Cases cited1 opinion
- Stine v. SherkSupreme Court of Pennsylvania · 1841
3Cited by18 opinions
- Appeal of NeelySupreme Court of Pennsylvania · 1889
- Warner's EstateSupreme Court of Pennsylvania · 1904
- Estate of WoodburnSupreme Court of Pennsylvania · 1891
- Pusic v. SalakSupreme Court of Pennsylvania · 1918
- Clark's EstateSupreme Court of Pennsylvania · 1931
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