King v. Cloud
Supreme Court of Pennsylvania
In error from the Common Pleas of Delaware. ' April 3. Assumpsit by King and wife to the use of J.. King, jun., on a note held by the wife before her marriage. It appeared that, by an antenuptial settlement, this cause, of action had .been assigned to J. King, jun., in trust for the separate use of the wife of plaintiff during her life — remainder .tp the uses of her will, and in default thereof .to her .heirs.
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In error from the Common Pleas of Delaware. ' April 3. Assumpsit by King and wife to the use of J.. King, jun., on a note held by the wife before her marriage. It appeared that, by an antenuptial settlement, this cause, of action had .been assigned to J. King, jun., in trust for the separate use of the wife of plaintiff during her life — remainder .tp the uses of her will, and in default thereof .to her .heirs. Ten days before the trial, J. King, jun., by deed, with-the .assent of King and wife, assigned the trust-estate to one Taylor, and, on the trial, a motion was made to have his name…
1Opinion of the Court
Coulter, J.,
(after stating the facts.) — It would appear from the record that Joseph King knew some facts material to the plaintiff, and whether they had come to his knowledge previous to his appointment as trustee, or after-wards, does not appear. At all events, the object, no doubt, was to make Joseph King, jun., a witness, because he was after-wards offered as a witness and rejected by the court, which is also assigned for error. In -the judgment of this court, the motion ought to have been granted. By the seventh section of the act of 24th March, 1818, all actions brought by executors,…
2Cases cited3 opinions
- Patton's administrators v. AshSupreme Court of Pennsylvania · 1821
- Fisher v. WillardMassachusetts Supreme Judicial Court · 1816
- Heckert v. HaineSupreme Court of Pennsylvania · 1813
3Cited by1 opinion
- Boyle's EstateSuperior Court of Pennsylvania · 1917