Moyer's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Berks county: Of January Term 1875. In the distribution of the estate of Simon Moyer, assigned for the benefit of his creditors. On the 8th of March 1870, Simon Moyer assigned his estate to Peter D. Wanner, for the benefit of his creditors. The assignee, on the 23d of June 1871, filed an account of his administration of the trust. Wharton Morris, Esq., was appointed auditor to distribute the balance in the hands of the assignee.
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Appeal from the Court of Common Pleas of Berks county: Of January Term 1875. In the distribution of the estate of Simon Moyer, assigned for the benefit of his creditors. On the 8th of March 1870, Simon Moyer assigned his estate to Peter D. Wanner, for the benefit of his creditors. The assignee, on the 23d of June 1871, filed an account of his administration of the trust. Wharton Morris, Esq., was appointed auditor to distribute the balance in the hands of the assignee. He found that, after deducting the expenses of audit, &c., the balance for distribution was $3748.07. Amongst the claims…
1Opinion of the CourtJustice Mercur
The common law gave to the husband an absolute right to his *485wife’s choses in action, if he reduced them to his possession during coverture. The receipt of them by him was presumed to be a reduction to his possession. That presumption could be - overthrown only by proof of a positive, precise, clear and consistent intention to the contrary existing at the time of receiving them.
While the law thus gave to the husband the right to reduce them to his own possession, it did not impose on him any obligation so to do. He could decline making this personal acquisition. It was a privilege he could…
2Cases cited3 opinions
- Estate of HindsSupreme Court of Pennsylvania · 1840
- Hess's AppealSupreme Court of Pennsylvania · 1832
- Timbers v. KatzSupreme Court of Pennsylvania · 1843
3Cited by2 opinions
- Estate of Martina R. NixonSuperior Court of Pennsylvania · 1931
- Smith v. Farmers & Merchants Nat. BankOregon Supreme Court · 1910