Cobourn's Estate

Citations

• 46 Pa. Super. 587
• 1911 Pa. Super. LEXIS 318

Syllabus

<p>Appeals — Assignments of error — Exceptions to auditor’s report— Paper-book — Contract.</p> <p>1. An assignment of error covering five exceptions to an auditor's report is in violation of the rule of court and will not be regarded.</p> <p>2. An assignment of error to a construction placed upon a contract by the court below will not be considered, where the contract which was in writing is not printed in the paper-book, and the oral evidence is insufficient to establish it.</p> <p>Husband and wife — Assignment of interest on bond.</p> <p>3. Where a wife assigns to her husband “the interest now due, or that may become due or accrue” on a certain bond, but reserves to herself all interest in the principal debt secured by the bond, and the right to receive and enforce payment of the bond, and the wife collects the principal of the bond one year after the assignment and more than ten years before her death and does not reinvest the proceeds, the husband cannot, after the death of his wife, claim an amount of money equal to the interest on the bond during the last ten years of his wife’s life.</p>