Lytle's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia. This was an appeal by Elizabeth S. Lytle from the decree of the court below on the distribution of the residuary estate of Dr. Peter Shoenberger, deceased, in the hands of his executors. The fund consisted of the proceeds of real and personal estate.
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Appeal from the Orphans’ Court of Philadelphia. This was an appeal by Elizabeth S. Lytle from the decree of the court below on the distribution of the residuary estate of Dr. Peter Shoenberger, deceased, in the hands of his executors. The fund consisted of the proceeds of real and personal estate. Dr. Shoenberger died on the 18th June 1854, and by his will, after a special devise in trust for his daughter, Elizabeth S. Lytle, the wife of Edward H. Lytle, he devised and bequeathed to her one-sixth of the residue of his estate absolutely. On the 30th April 1855, Edward H. Lytle and Mrs.…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, C. J.
No question of usury seems to have been raised before the auditor, and in the matter of Mrs. Lytle’s consent to the assignment made to Wilson, no facts are found by the auditor, or appear in the evidence, to justify a finding that it was obtained from her by any unlawful means. Then, why -doubt its validity ? Before the Act of 11th April 1848, the assignment by the husband alone, in security or-payment of his debts, would have been effectual. Now the law requires her consent, and as it was lawfully given, we must declare the assignment…
2Cited by7 opinions
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- Hastings Bank of Hastings v. CovitchSupreme Court of Pennsylvania · 1936
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