Van Hook's Estate

Philadelphia County Orphans' Court

Van Hook's Estate

11 Pa. D. & C. 176, 1928 Pa. Dist. & Cnty. Dec. LEXIS 32

CourtPennsylvania Orphans' Court, Philadelphia County

DecidedOctober 26, 1928

DocketNo. 182

StatusPublished

This text of 11 Pa. D. & C. 176 (Van Hook's Estate) is published on Counsel Stack Legal Research, covering Pennsylvania Orphans' Court, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Van Hook's Estate, 11 Pa. D. & C. 176, 1928 Pa. Dist. & Cnty. Dec. LEXIS 32 (Pa. Super. Ct. 1928).

Pincite

Opinion

Van Dusen, J.,

We need not consider whether the check, by itself, would import consideration; for the claimant undertook to show the consideration. He showed that he nursed his brother devotedly and paid out money for him. But it also appeared that he got other checks from his brother during this time to a considerable amount. On the whole, it cannot be said with the certainty necessary to a successful claim against a decedent’s estate (Gilbraith’s Estate, 270 Pa. 288) that this check was given in payment for these services and expenditures. It appears, therefore, to be without consideration, and the claim was properly rejected.

The exceptions are dismissed and the adjudication is confirmed absolutely.

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Van Dusen, J.,

We need not consider whether the check, by itself, would import consideration; for the claimant undertook to show the consideration. He showed that he nursed his brother devotedly and paid out money for him. But it also appeared that he got other checks from his brother during this time to a considerable amount. On the whole, it cannot be said with the certainty necessary to a successful claim against a decedent’s estate (Gilbraith’s Estate, 270 Pa. 288) that this check was given in payment for these services and expenditures. It appears, therefore, to be without consideration, and the claim was properly rejected.

The exceptions are dismissed and the adjudication is confirmed absolutely.

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Bluebook (online)

11 Pa. D. & C. 176, 1928 Pa. Dist. & Cnty. Dec. LEXIS 32, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-hooks-estate-paorphctphilad-1928.

Opinion

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