Krumbaar v. Burt
U.S. Circuit Court for the District of Pennsylvania
In September, 1785, Adam Holt made his last will and testament, whereby he devised as follows: “I give and bequeath unto Mary Christine, my beloved wife, all my real estate, to and for her use, during her natural life, for her dowry; and after her decease, I direct the whole to be let out for a yearly rent, the one-third part of which, or if necessary, the one-half, shall be applied by my executors for fencing, and for repairing the buildings, if necessary, and the rest of…
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In September, 1785, Adam Holt made his last will and testament, whereby he devised as follows: “I give and bequeath unto Mary Christine, my beloved wife, all my real estate, to and for her use, during her natural life, for her dowry; and after her decease, I direct the whole to be let out for a yearly rent, the one-third part of which, or if necessary, the one-half, shall be applied by my executors for fencing, and for repairing the buildings, if necessary, and the rest of the yearly rent shall be given yearly to my daughter, Catherine Schenick, to and for her support, during her natural…
1Opinion of the Court
WASHINGTON, Circuit'Justice.
The cases quoted by Mr. Chauncey abundantly prove that a possibility, whether belonging to the husband or wife, would not pass to the assignees of the husband becoming bankrupt, if it were not for the strong expressions used in the English statutes of bankruptcy. The husband may extinguish his wife’s choses in action by a release, and he may, in equity, assign away a possibility, to which she is entitled; so far as that, a court of equity will compel a specific performance when the right vests, provided the assignment was made for a valuable consideration. But…
2Cited by2 opinions
- Belcher v. BurnettMassachusetts Supreme Judicial Court · 1879
- Kinzie v. WinstonIllinois Supreme Court · 1870