Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 48 )

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1865 Excerpt: ... IItester v. Green. Neas's Appeal or any other case, and beyond the bounds of prudence and reason. Now, to wit, October 19th 1864, after argument of this case, and full consideration, the judgment of the Court of Common Pleas of Lancaster county is reversed and set aside, and judgment is here entered for the defendant. Thompson, J., dissented. Wike versus Aurandt. Construction of trill.--Liability of husband's estate for wife's money received by him during coverture. A testator gave to his daughter an equal share of his estate, with the rest of his children, and directed the one half to be paid to her husband, and the other half to remain in his lands devised to his sons, until after her death, the interest of which was to be paid to her yearly for life, and if tho husband survived her, to him for life: the husband died after receiving the portion directed to be paid to him, and some interest upon the other portion. In an action by her against his executor for the amount received by him, it was held, that the husband took the amount directed by the will to be paid him, absolutely and not in trust for his wife, and that she was entitled to recover only the interest upon the portion bequeathed in trust for her, which he had received. Error to the Common Pleas of Blair county. This was an action of assumpsit by Nancy Wike against Daniel Aurandt, executor, &c., of Henry Wike, deceased. The case turned upon the construction to be given to the will of Abraham Rhodes, the father of the plaintiff. After devising his real estate to his sons at a fixed price or valuation, he proceeded: It is my will, and I do hereby give and bequeath to my daughter Nancy, intermarried with Henry Wike, an equal share with the rest of my children. The one half of her share or legacy sh...