Wakefield's Estate

Citations

• 69 Pa. Super. 148
• 1918 Pa. Super. LEXIS 35

Syllabus

<p>Deed — Consideration — Payment — Certificate of deposit — Decedent's estates.</p> <p>Where a mother agrees to sell a farm to her son and executes a deed which she does not immediately deliver and retains possession of the farm, and it appears that a part of the consideration was to be the transfer to her of certain certificates of deposit owned by the son, and thereafter the son instead of transferring the certificates procures a new certificate payable to his mother at a later date than the old certificates were payable to him, and the mother accepts such certificate, and delivers the deed, and subsequently dies, the fact that the bank failed shortly after the date of the delivery of the certificate, but long before the death of the mother will not make the son liable to his mother’s, estate for the amount of the certificate issued to his mother and which had not been paid.</p> <p>In such a case the transaction was closed after the deed was delivered. If the mother had not been satisfied'with the arrangement, she could have refused to deliver the deed.</p>