Estate of Wise
Supreme Court of Pennsylvania
Appeal, No. 3, Jan. T., 1897, by Edward J. Wise, from decree of O. C. Cumberland Co., dismissing exceptions to auditor’s report. Exceptions to report of auditor, James W. Eckels, Esq. The court dismissed the exceptions to the auditor’s report, in an opinion by E. W. Biddle, P. J., which states the facts as follows: Mrs. Catharine Wise was manifestly incompetent as a witness in her own behalf, and the auditor was- therefore right in disregarding her testimony.
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Appeal, No. 3, Jan. T., 1897, by Edward J. Wise, from decree of O. C. Cumberland Co., dismissing exceptions to auditor’s report. Exceptions to report of auditor, James W. Eckels, Esq. The court dismissed the exceptions to the auditor’s report, in an opinion by E. W. Biddle, P. J., which states the facts as follows: Mrs. Catharine Wise was manifestly incompetent as a witness in her own behalf, and the auditor was- therefore right in disregarding her testimony. The pivotal question in the case is, Did Joseph Wise, shortly prior to his death, make a gift to his wife of the securities in the box?…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
Transactions by which a decedent shortly before his death practically strips himself of all his available property are naturally regarded with suspicion, and are to be scrutinized with a keen and somewhat incredulous eye. An alleged parol gift, therefore, from a husband to a wife, under such circumstances, should be proved by clear and convincing testimony. The claim in the present case however appears to have met this requirement. Two disinterested witnesses testified to the actual delivery of the box containing the securities and the subsequent continued…
2Cited by26 opinions
- Henes v. McGovernSupreme Court of Pennsylvania · 1934
- Kaufmann's EstateSupreme Court of Pennsylvania · 1924
- Connell's EstateSupreme Court of Pennsylvania · 1925
- Leadenham's EstateSupreme Court of Pennsylvania · 1927
- Dzierski EstateSupreme Court of Pennsylvania · 1972
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