Sherman v. Kitsmiller
Supreme Court of Pennsylvania
IN ERROR. Writ of error to the Court of Common Pleas of Jldams county. The plaintiffs in error were plaintiffs below. Case, brought by George S. Sherman and Elizabeth, his wife, late Elizabeth Koons, against Michael Kitsmiller and Joseph Lefever, administrators de bonis non, with the will annexed,' of George Sherman, deceased, (the executors having been discharged.) The first count of the declaration stated, that the said George Sherman, in his lifetime, in consideration…
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IN ERROR. Writ of error to the Court of Common Pleas of Jldams county. The plaintiffs in error were plaintiffs below. Case, brought by George S. Sherman and Elizabeth, his wife, late Elizabeth Koons, against Michael Kitsmiller and Joseph Lefever, administrators de bonis non, with the will annexed,' of George Sherman, deceased, (the executors having been discharged.) The first count of the declaration stated, that the said George Sherman, in his lifetime, in consideration that the said Elizabeth, then a single woman, and the niece of the wife of the said George Sherman, deceased, would live…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, J.
The declaration contains four counts;—
1. On the special promise to give Elizabeth Koons one hundred acres of land, in consideration that she should live with the intestate, as his housekeeper, until her marriage, with an averment that' she did live with him, and keep his house until her marriage.
2. That he would give her one hundred acres of land, if she lived with him until her maiTiage, and married the plaintiff, George Sherman, with an averment that she did live with him until she Intermarried with George Sherman.
3. Is a promise to give…
2Cases cited3 opinions
- Jacobson v. Executors of Le GrangeNew York Supreme Court · 1808
- Conrad v. ConradSupreme Court of the United States · 1793
- Zuber v. GeigarSupreme Court of Pennsylvania · 1799
3Cited by1 opinion
- Scott v. FullerSupreme Court of Pennsylvania · 1831