Appeal of Keyser
Supreme Court of Pennsylvania
FROM THE DECREE OF THE ORPHANS’ COURT OF PHILADELPHIA COUNTY. No. 36 July Term 1888, Sup. Ct.; court below, No. 159 January Term 1887, O. C. On June 14, 1887, the first account of George S. Pepper, et al., executors of the will of Henry Seybert, deceased, was called for adjudication before Penrose, J., wlien a claim was presented on behalf of Charles S. Keyser, “ for literary services rendered the decedent between 1877 and the time of his death in 1883, one continuous…
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FROM THE DECREE OF THE ORPHANS’ COURT OF PHILADELPHIA COUNTY. No. 36 July Term 1888, Sup. Ct.; court below, No. 159 January Term 1887, O. C. On June 14, 1887, the first account of George S. Pepper, et al., executors of the will of Henry Seybert, deceased, was called for adjudication before Penrose, J., wlien a claim was presented on behalf of Charles S. Keyser, “ for literary services rendered the decedent between 1877 and the time of his death in 1883, one continuous service, $3,000.” From the testimony adduced upon the hearing it was shown that the decedent died March 3, 1883, unmarried and…
1Opinion of the Court
Opinion,
Me. Chief Justice Paxson :
In the court below the appellant presented a claim of three thousand dollars against the estate of Henry Seybert, deceased, for literary services performed by him for the decedent in his lifetime, in preparing a work entitled, The Chronicles of Independence Hall. That the work was performed, and that it was worth the sum demanded was not seriously controverted. The difficulty in the case lies deeper.
The appellant sought to recover as upon a quantum meruit, by showing that he was engaged by the testator to perform the service and the value of it. The court…
2Cases cited1 opinion
- Yorks's AppealSupreme Court of Pennsylvania · 1885
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