Turner v. Warren

Citations

• 160 Pa. 336
• 28 A. 781
• 1894 Pa. LEXIS 812

Syllabus

<p>Deed — Delivery—Husband and wife.</p> <p>Where an owner of land, prior to his marriage, executes a deed conveying land to his intended wife, and delivers it to her, the fact that the deed, both before and after the marriage, was kept in the husband’s safe, does not affect the legal character of the delivery.</p> <p>Evidence — Competency of witness — Assignment of interest — Act of 1887.</p> <p>Under the act of May 23, 1887, P. L. 160, a witness, otherwise incompetent, may make himself competent by an assignment of his interest; whether such an assignment be in good faith is a question for the court, and the fact that the court permits such a witness to be sworn is a determination by the court of the good faith of the assignment.</p> <p>Deed — Husband and wife — Evidence—Attorney at law — Privileged communication — Erasure—Agreement to make will — Delivery of deed.</p> <p>An owner of land, prior to his marriage, executed a deed conveying the land to his intended wife. He also prepared a blank will to be signed by her after their marriage, devising the same land to him. The deed was acknowledged by the grantor, and handed by him to the husband of his intended wife’s sister, who delivered it to the grantee. Subsequently the grantor and grantee were married, but before the marriage, the deed was deposited in the grantor’s safe, where it remained until after the wife’s death. The wife died without leaving children, and without having made a will. After her death, her husband took the deed from the safe. The wife’s brother-in-law was present at the time, and saw that the signature to the deed was untouched. Subsequently the husband, on taking out letters of administration on his wife’s estate, placed the deed, with other of his deceased wife’s papers, in the hands of his counsel, where they remained until after the husband’s death, when an examination of the deed showed that the signature had been erased. Held:</p> <p>1. That the evidence was sufficient to establish a