Bonner v. Rowdybush

Armstrong County Court of Common Pleas

Bonner v. Rowdybush

3 Pennyp. 92

CourtPennsylvania Court of Common Pleas, Armstrong County

DecidedDecember 5, 1882

DocketNo. 70

StatusPublished

This text of 3 Pennyp. 92 (Bonner v. Rowdybush) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Armstrong County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bonner v. Rowdybush, 3 Pennyp. 92 (Pa. Super. Ct. 1882).

Pincite

Opinion

— Per Curiam:

The evidence

offered was rightly rejected. It was an offer to make a will by parol. No trust, ex maleficio, could arise in the devisee, as might have been the case if, at the time of making the will, the defendant had been present and agreed to accept the devise with the condition in favor of the children. This is as far as any of the cases have gone. Here the offer was to prove "that afterwards the defendant agreed to accept the devise under the condition set up. This could not make him a trustee for the children.

Judgment affirmed.

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— Per Curiam:

The evidence

offered was rightly rejected. It was an offer to make a will by parol. No trust, ex maleficio, could arise in the devisee, as might have been the case if, at the time of making the will, the defendant had been present and agreed to accept the devise with the condition in favor of the children. This is as far as any of the cases have gone. Here the offer was to prove "that afterwards the defendant agreed to accept the devise under the condition set up. This could not make him a trustee for the children.

Judgment affirmed.

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Bluebook (online)

3 Pennyp. 92, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bonner-v-rowdybush-pactcomplarmstr-1882.