Appeal of Ross

Citations

• 127 Pa. 4
• 17 A. 682
• 1889 Pa. LEXIS 1071

Syllabus

<p>(a) In 1864, a widower executed and delivered a note under seal for $5,000, payable to a trustee for his children named therein, five years after date, with interest: on the same day he was married a second time. In 1877, he died, leaving to survive him his widow, the children by his first marriage, and one child by his second, with an estate of $100,000, of which the personalty was exhausted in the payment of debts, administration expenses and money legacies.</p> <p>1. In such case, the transaction was a duly executed gift inter vivos, and, considered in connection with the amount of the estate, there being no evidence of fraudulent intent, the note was not in fraud of the rights of the second wife, and was properly payable out of the proceeds of realty, sold either by the decedent in his lifetime, or by his executors within five years after his death under a power in his will.</p>