McDermott's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Luzerne Qounty: Of Januarjr Term, 1884, No. 128. This was an appeal by John McDermott from a. decree of said court, distributing a fund in the hands of H. R. Hughes, administrator of Mary McDermott deceased, wife of appellant. . At the time of Mary McDermott’s death (intestate) there was a deposit balance to her credit and in her name in the Miners’ Savings Bank of Pittston, which John McDermott claimed to be his money.
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Appeal from the Orphans’ Court of Luzerne Qounty: Of Januarjr Term, 1884, No. 128. This was an appeal by John McDermott from a. decree of said court, distributing a fund in the hands of H. R. Hughes, administrator of Mary McDermott deceased, wife of appellant. . At the time of Mary McDermott’s death (intestate) there was a deposit balance to her credit and in her name in the Miners’ Savings Bank of Pittston, which John McDermott claimed to be his money. He informed the bank of his claim and notified it not to pay out the money, but he subsequently procured the appointment of one Hughes, as…
1Opinion of the CourtJustice Paxsost
The money in controversy was the money of the husband, and the fact that his wife helped him to earn it does not make any difference. It is settled by authority that the earnings of the wife belong to the husband save in certain exceptional eases specified in various Acts of Assembly. Unless, therefore, it can be shown that there was a gift of the money by the appellant to his wife, the decree of the court below cannot be sustained.
In the report of audit the learned Judge came to the conclusion that it was a gift, and in his opinion upon the exception says: “Was it a gift? Why not conclude…
2Cases cited1 opinion
- Herr's AppealSupreme Court of Pennsylvania · 1843
3Cited by5 opinions
- Hafer v. McKelveySuperior Court of Pennsylvania · 1903
- Raub's EstateSupreme Court of Pennsylvania · 1926
- In re Wilkesbarre Furniture Mfg. Co.District Court, M.D. Pennsylvania · 1904
- Estate of StaibSuperior Court of Pennsylvania · 1899
- Raub's EstatePennsylvania Orphans' Court, Lancaster County · 1925