Assigned Estate of Larkin
Supreme Court of Pennsylvania
APPEAL BY S. R. SHIPLEY FROM THE COURT OF COMMON PLEAS OF DELAWARE COUNTY. No. 220 January Term 1890, Sup. Ct.; court below, number and term not given. On December 12,1887, Beulah L. Larkin executed and delivered to William Ward, a deed of voluntary assignment for the benefit of creditors of all her estate, real and personal, the real estate consisting of a farm in Bethel township.
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APPEAL BY S. R. SHIPLEY FROM THE COURT OF COMMON PLEAS OF DELAWARE COUNTY. No. 220 January Term 1890, Sup. Ct.; court below, number and term not given. On December 12,1887, Beulah L. Larkin executed and delivered to William Ward, a deed of voluntary assignment for the benefit of creditors of all her estate, real and personal, the real estate consisting of a farm in Bethel township. The deed contained a reservation as follows: “ Reserving thereout such property as is now by law exempt from levy and sale on execution.” The personal estate, appraised by the general inventory at 897.75, was…
1Per curiam
The appellee was clearly entitled to her exemption. It was expressly reserved in the deed of assignment, and to this extent her assigned estate never passed to her assignee. The reservation was notice to the latter, and to all claimants upon the assigned estate, of her exemption. It was the duty of the assignee to have it appraised, so far as an appraisement was necessary, and set it apart to her. This was done to the extent of the personal estate. It was appraised, and she retained it. The amount of that, however, was only $97.75. There was nothing left to meet the balance of her claim but…
2Cases cited1 opinion
- Peterman's AppealSupreme Court of Pennsylvania · 1874
3Cited by2 opinions
- In re ManningDistrict Court, E.D. Pennsylvania · 1902
- In re BlackDistrict Court, W.D. Pennsylvania · 1900