Gasper v. Donaldson

Supreme Court of Pennsylvania

Gasper v. Donaldson

1 Whart. 227, 1836 Pa. LEXIS 188

DecidedFebruary 1, 1836

StatusPublished

This text of 1 Whart. 227 (Gasper v. Donaldson) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gasper v. Donaldson, 1 Whart. 227, 1836 Pa. LEXIS 188 (Pa. 1836).

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Opinion

Per Curiam.

The imputation of fraud rested mainly on the ground of inadequacy of consideration. Was not the will, not only competent, but powerful evidence to repel it, by showing that the grantor meant to stipulate, not for an outside price, but a living; and that, at a preceding period, when there was no imputation of imbecility on the one side, or artifice on the other, he avowed an intention to give the estate at his death to the defendant, as a gratuity? In this aspect, the competency of the will, whether revoked or riot, or otherwise avoided, as a conveyance, was unquestionable.

Judgment affirmed.-.

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Per Curiam.

The imputation of fraud rested mainly on the ground of inadequacy of consideration. Was not the will, not only competent, but powerful evidence to repel it, by showing that the grantor meant to stipulate, not for an outside price, but a living; and that, at a preceding period, when there was no imputation of imbecility on the one side, or artifice on the other, he avowed an intention to give the estate at his death to the defendant, as a gratuity? In this aspect, the competency of the will, whether revoked or riot, or otherwise avoided, as a conveyance, was unquestionable.

Judgment affirmed.-.

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Bluebook (online)

1 Whart. 227, 1836 Pa. LEXIS 188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gasper-v-donaldson-pa-1836.