Bayard v. Gillasspy
Pennsylvania Court of Common Pleas, Philadelphia County
THIS was an action of debt, brought to the January return day of December term 1835, by James A. Bayard against Mary Gillasspy executrix of the late George Gillasspy deceased.
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THIS was an action of debt, brought to the January return day of December term 1835, by James A. Bayard against Mary Gillasspy executrix of the late George Gillasspy deceased. On the 12th of January 1836 the plaintiff filed a copy of what he alleged to be the instrument of writing on which the suit was brought, being a submission and award as follows : “ Submission. — The following are the terms of reference agreed upon between James A. Bayard of the city of Wilmington, and Mary Gillasspy executrix of the late George Gillasspy of the city of Philadelphia, for the settlement of alt matters in…
1Opinion of the Court
Pettit, President.
--The first question is easily resolved. Whatever might be the decision in a case in which the executor could not be so well acquainted with the matter in conies!, as his testator might ¡save been, yet where, as in the present instance, the executrix, having; voluntarily entered into a submission, had a full opportunity of becoming informed in relation to the grounds and merits of the controversy, there is no reason, founded upon the representative character of the defendant, for dispensing with an affidavit of de-fence. Upon this point, the judges concur in opinion.
Tiie…
2Cited by4 opinions
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