Vanlear v. Haslet's

Ohio Supreme Court

Vanlear v. Haslet's

1 Wright 457, 1 Ohio Ch. 457

DecidedSeptember 15, 1833

StatusPublished

This text of 1 Wright 457 (Vanlear v. Haslet's) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Vanlear v. Haslet's, 1 Wright 457, 1 Ohio Ch. 457 (Ohio 1833).

Pincite

Opinion

WOOD, J.

The only question submitted to us, is whether assumpsit will lie for a legacy upon an implied promise by an executor, arising from the admission of assets. The case in 5 T. JR. 690, expressly decides that such recovery cannot be had. The case might be different, if there were proof of an express promise by the executor, and an admission of assets.

The plaintiff had leave to enter a non suit.

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WOOD, J.

The only question submitted to us, is whether assumpsit will lie for a legacy upon an implied promise by an executor, arising from the admission of assets. The case in 5 T. JR. 690, expressly decides that such recovery cannot be had. The case might be different, if there were proof of an express promise by the executor, and an admission of assets.

The plaintiff had leave to enter a non suit.

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Bluebook (online)

1 Wright 457, 1 Ohio Ch. 457, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vanlear-v-haslets-ohio-1833.