Baeder's Estate
Supreme Court of Pennsylvania
Appeal, No. 185, Jan. T., 1908, by Bertha L. Baeder, from decree of O. C. Montgomery Co., Oct. T., 1907, No. 26, sustaining exceptions to adjudication in Estate of Charles Baeder, deceased. Exceptions to adjudication. Before Solly, P. J. The facts are stated in the opinion of the Supreme Court. Error assigned was in sustaining exceptions to adjudication.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
The assignment of Bertha L. Baeder, the appellant, to Howard R. Kern is void for want of consideration. This was the first and correct view of the court below and ought to have been adhered to on the exceptions to the adjudication.
The consideration moving to the appellant in executing the assignment with her husband was the procuring of a conveyance to her by Kern of twelve properties in the city of Philadelphia, having a value above the incumbrances against them .of $29,200, and then follows a consideration of the husband’s existing indebtedness to the assignee of…
2Cases cited5 opinions
- Ruple ex rel. Lewis v. BindleySupreme Court of Pennsylvania · 1879
- Whelen v. PhillipsSupreme Court of Pennsylvania · 1892
- Bayler v. CommonwealthSupreme Court of Pennsylvania · 1861
- Nichols v. Nichols, Pennsylvania Court of Common Pleas, Lackawanna County1890
- McPherran's EstateSupreme Court of Pennsylvania · 1905
3Cited by3 opinions
- Norris's EstateSupreme Court of Pennsylvania · 1938
- Andrews v. Baldwin, Pennsylvania Court of Common Pleas, Erie County1946
- Freeman's EstatePennsylvania Orphans' Court, Philadelphia County · 1924