Legal Opinion

DeHaven's Estate

Supreme Court of Pennsylvania

Decided April 15, 1912No. Appeal No. 341PublishedCited by 5 opinions

Appeal No. 341, Jan. T., 1912, by Thomas Batley, from decree of O. C. Phila. Go., sustaining exceptions to adjudication in Estate of Holstein DeHaven, deceased. Exceptions to adjudication. From the record it appeared that on April 10, 1896, Thomas Batley assigned two endowment policies of insurance to the Provident Life and Trust Company, to Holstein DeHaven.

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Appeal No. 341, Jan. T., 1912, by Thomas Batley, from decree of O. C. Phila. Go., sustaining exceptions to adjudication in Estate of Holstein DeHaven, deceased. Exceptions to adjudication. From the record it appeared that on April 10, 1896, Thomas Batley assigned two endowment policies of insurance to the Provident Life and Trust Company, to Holstein DeHaven. The assignments were practically identical and the material portion of one of them was as follows: For value received, I hereby transfer, assign and set over unto Holstein DeHaven and his assigns, all my right,» title and interest in…

1Opinion of the Court

Opinion by

Me. Justice Mestrezat,

The single question raised by this appeal is whether the word “indebtedness” in the assignments of the two life insurance policies means an indebtedness existing *148at the time of the assignment, or also includes any future indebtedness that might be contracted and become due from Batley to DeHaven. The learned auditing judge held that the assignment was intended to and did secure only a present existing indebtedness. The court in banc reversed the auditing judge, and held that the assignment is broad enough to include any present and future indebtedness.

Batley…

2Cited by5 opinions

  1. Kelter v. American Bankers Finance Co.Supreme Court of Pennsylvania · 1932
  2. Potter Title & Trust Co. v. Berkshire Life InsuranceSuperior Court of Pennsylvania · 1944
  3. Lemley v. McClureSuperior Court of Pennsylvania · 1936
  4. Continental Commercial Corp. v. Metropolitan Life Ins.District Court, W.D. Pennsylvania · 1946
  5. In re Merion Title & Trust Co., Pennsylvania Court of Common Pleas, Montgomery County1933

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