Legal Opinion

Hengst's Estate

Supreme Court of Pennsylvania

Decided May 15, 1837PublishedCited by 2 opinions

ERROR to the common pleas of York county. This was an issue sent to the common pleas by the orphans’ court, to try whether George Hengst had been advanced by his father Michael Hengst in his life time, and to what amount.

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ERROR to the common pleas of York county. This was an issue sent to the common pleas by the orphans’ court, to try whether George Hengst had been advanced by his father Michael Hengst in his life time, and to what amount. Upon the trial, to establish the fact that advancements had been made, the counsel for the administrators of the estate offered in evidence a book, which contained entries in the handwriting of Joseph Welshhous, made at the instance of Michael Flengst, and signed by him, charging several of his children with different sums of money advanced to them, and among others, George…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

In this case, on an issue 'from the orphans’ court, the court of common pleas admitted in evidence, an entry made at the request of the father, Michael Hengst, in his lifetime, and signed by him, of various sums advanced to his different children, to show an advancement to his son George Hengst, the defendant. The objection is, that the son was not a party to this entry, and therefore it ought not to affect him. An advancement, is an irrevocable gift by a parent in his lifetime to his child, on account of such child’s share of his estate…

2Cited by2 opinions

  1. Haverstock v. SarbachSupreme Court of Pennsylvania · 1841
  2. Oller v. BonebrakeSupreme Court of Pennsylvania · 1870

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