Wilson v. Hornstine

MacNeille, J.,

This is a suit for breach of promise, brought by Lizzie Wilson against Willard N. Hornstine, executor of the estate of Nathan Hornstine, deceased.

A statement of claim was filed, and against that an affidavit of defense raising questions of law, which may be stated as follows:

1. Does an action for breach of promise to marry survive so that it may be brought against the estate of the defendant?

2. Must a suit fall because defendant was married at the time he made his promise to the plaintiff, which was accepted by her?

3. Should the Act of May 2, 1925, P. L. 442, apply, which allows…