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[Reported fitr tlio Carlisle Herald J COURT OF COMMON PI/14 AS.—APUIt - . TKItM, 1*00.“Six*oMD^VGfoi.'rKxirrjnr-ArtrrL, 1Jrrr—~ ~11/* nr v Wolf and Mary ■ No. 41, Nov. Term, Ann, his wife^yi her j 1851). . SummoiH in right, }■ ease Narr. tiled. —v*. | Defend nut pleads nonAlfred S • Sener. . J usswnpi-it and isSuo.The plaintiff in this action claimed to recover under the following circumstance a :The wife of Henry Wolf had resided in tbo family of Mrs. Magdalen Baker, of Carlisle, for a number.of years, and up until the death of the old lady. Previous to her death, Mrs. Baker had executed a will, in which sho had provided very handsomely for Mrs. .Wolf, by devising to her the houvo mul lot on North Hanover street, and the household furniture therein, and had also assigned to htfr ft bond for $200. During the lust illness of Mrs Baker, and a few days before her doath^ plain-tiff alleged, that she had said in presence of a witness, that Mary (Mrs. Wolf) was hot satisfied with the will, and neither was she (Mrs. Baker;) that Mary had been .a good girl,,and had taken good caro of her, and ,that -sho wanted her to have tHo bond sho held against Wil]iam VYonderly ** A part of this conversation occurred in the absence of Mary. The bond was proved to be for $800, with ono-f^ year’s interest, which canto to the hands of Mr. Sener, as executor of Mrs. Baker, had been paid to him by Mr. Womlorly, and this' suit was brought to recover that amount.— Plaintiffs contended^ that this wus an assignment of the bond in consideration of servicos rendered during the last illness of Mrs. Baker, and that they arc entitled to recover.The evidence for the defence showed that Mary had boon indentured to. William Baker, (husband of Mrs. Baker,) by tho Directors of the Poor, in 1845, for a period \if-over thirteen yfcars; that, at the time of this alleged transfer, sho was an indentured servant,' and owed service to Mrs. Baker, as executrix of William Baker, deceased, who had been dead for some years, and consequently there could ho nothing in tho nature of a contract between them.It was also shown that tho Wondorly bond was iu tho house of Mrs, Baker, under her control, but had not been assigned or delivered over to Mary or a third person for her.The Court instructed tho Jury, thatumler till tho evidence, there *Vas nothing'to show an ‘equitable assignment or transfer of the bond, and that if was only,.an unexecuted intention-to give or transfer the samQ,„uppn which .plaintiffs could not recover, nn 1 that they must.find for the defendant, which they did. Hepburn, Williamson, and Miller for plaintiffs—Watts,. Sharpe and Humrich foridefimlant.v«bi!6ftiof70”•(wbo*r1h»(an
Newspaper Details
Carlisle Herald
Carlisle, Pennsylvania, US
Wed, Apr 25, 1860
Page 2
Full Page
Clipped by
Luci B.
USA 31 Dec 2024
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