Legal Opinion

Dutton's Estate

Supreme Court of Pennsylvania

Decided March 23, 1903No. Appeal, No. 334Published

Appeal, No. 334, Jan. T., 1902, by Isaac Thomas surviving executor of Lydia F. Dutton, deceased, from, decree of O. C. Del. Co., overruling exceptions to auditor’s report in estate of Lydia F. Dutton, deceased. Exceptions to report of J. T. Reynolds, Esq., auditor.

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Appeal, No. 334, Jan. T., 1902, by Isaac Thomas surviving executor of Lydia F. Dutton, deceased, from, decree of O. C. Del. Co., overruling exceptions to auditor’s report in estate of Lydia F. Dutton, deceased. Exceptions to report of J. T. Reynolds, Esq., auditor. The case involved the validity of a promissory note partly printed and partly in writing in the following form: “$360000/-^oo Chester, Pa., April 3, 1893. “ One day after date, I promise to pay to the order of George G. Dutton at the Delaware County National Bank Thirty-six Hundred dollars This to he held until after my death,…

1Opinion of the Court

Opinion by

Mr. Justice Dean,

At the audit for distribution of testatrix’s estate, George G. Dutton, her stepson, presented a promissory note of hers, in sum of §3,600, and claimed that it be distributed to. The note was dated April 3, 1893, on a printed form, payable one dajr after date, but just before the last line preceding the signature were interlined in a full written line these words, “ This to be held until after my death.” All the written parts of the note except the signature, it was admitted, were in the handwriting of George G. Dutton, the payee. The signature of Lydia F. Dutton was…

2Cases cited3 opinions

  1. Citizens National Bank of Baltimore v. WilliamsSupreme Court of Pennsylvania · 1896
  2. Hill v. CooleySupreme Court of Pennsylvania · 1863
  3. People's Savings Bank v. MosierSupreme Court of Pennsylvania · 1901

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