Case of Miller's Estate
Supreme Court of Pennsylvania
APPEAL. This was an appeal from the decree of the Orphan’s Court of the city and county of Philadelphia, rendered on the 18th of January, 1828. William G. Miller, of Philadelphia, left the United States, about the year 1805, being then twenty-two years of age, and did not return until 1822. In the mean while he was engaged in commercial enterprises, and contracted large debts as a member of a mercantile house in Buenos Ayres and Monte Video.
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APPEAL. This was an appeal from the decree of the Orphan’s Court of the city and county of Philadelphia, rendered on the 18th of January, 1828. William G. Miller, of Philadelphia, left the United States, about the year 1805, being then twenty-two years of age, and did not return until 1822. In the mean while he was engaged in commercial enterprises, and contracted large debts as a member of a mercantile house in Buenos Ayres and Monte Video. His residence at Buenos Ayres was about eight years, during part of which time he kept house. He lived three or four years at Monte Video, and exercised…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
The execution of the disputed specialty is established by plenary proof. Did it stand on the testimony of but the subscribing witnesses, it would still be sufficiently made out. Both recognise their signatures, and both remember the transaction; but neither remembers the fact of a formal delivery. Nothing is clearer, however, than that a formal delivery is not indispensible. The leaving of a deed on the table for the grantee to take it away, has been held sufficient. Here the instrument is proved by one of the subscribing witnesses, to…
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