Philadelphia County Orphans' Court, 1928

Van Hook's Estate

Van Hook's Estate
Philadelphia County Orphans' Court · Decided October 26, 1928 · Dusen
11 Pa. D. & C. 176; 1928 Pa. Dist. & Cnty. Dec. LEXIS 32

Counsel

William, G. Nixon, for exceptions; William O. Armstrong, contra.

Van Hook's Estate

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.