Lippincott's Estate

• Decision Date: 13 October 1902
• Docket Number: 9-1902
• Citation: 21 Pa.Super. 214
• Parties: Lippincott's Estate
• Court: Pennsylvania Superior Court

21 Pa.Super. 214

Lippincott's Estate

No. 9-1902

Superior Court of Pennsylvania

October 13, 1902

Argued April 28, 1902

Appeal by Calvary Presbyterian Church of Canton, Ohio, from decree of O. C. Allegheny Co.-1900, No. 75, sustaining exceptions to adjudication in estate of Helen L. Lippincott, deceased.

Exceptions to adjudication.

Before Over, J., the auditing judge, the Calvary Presbyterian Church of Canton, Ohio, presented a claim for $ 1,000, based upon the following writing;

" Canton, Ohio, Nov. 1, 1895.

" I hereby agree to contribute to the building fund of the Calvary Presbyterian Church, Canton, Ohio, the sum of one thousand dollars, to be paid as she directs in sums, part Nov. 1896, part in Dec. 1896, and other sums as she desires to the extent of $ 1,000, paying the same in monthly instalments of $ .

(Signed) " Helen L. Lippincott."

Accompanying this writing the claimant gave the testimony of Rev. Mr. Ferguson, who had solicited the subscription, to the effect that decedent had promised to pay $ 250 on each of the two dates mentioned in the writing.

The auditing judge allowed the claim.

Exceptions to the adjudication were sustained by the court.

Error assigned was in sustaining the exceptions and disallowing the claim.

Affirmed.

F. W. Miller, with him John S. Robb and Welty & Albaugh, for appellant. -- On behalf of the claimant we contend that the subscription is valid; that the full amount set forth in the instrument should be paid; that it was the intention of Mrs. Lippincott to pay that sum to the church to aid it in the construction of its building, and that the church relied upon her promise in good faith: Caul v. Gibson, 3 Pa. 416; Chambers v. Calhoun, 18 Pa. 13; Reimensnyder v. Gans, 110 Pa. 17; Barnard v. Cushing, 4 Metc. 230; Singerly v. Thayer, 108 Pa. 291; 2 Wharton on Evidence, sec. 1015; Greenleaf on Evidence, sec. 284; Beach v. First Methodist Episcopal Church 96 Ill. 177; Helfenstein's Est., 77 Pa. 328; Presbyterian Church of Albany v. Cooper, 112 N.Y. 517; Wolf v. Carothers, 3 S. & R. 240; Dickson v. McGraw, 151 Pa. 100; Horne v. Petty, 192 Pa. 32; Kern v. Kaffel, 1 W.N.C. 105.

John M. Freeman, with him James C. Boyer and Watson & McCleave, for appellee. -- The writing does not constitute an enforceable contract. It is an agreement to pay, reserving an absolute discretion in the promisor: Philadelphia v. River Front R. R. Co., 133 Pa. 134; Piano Mfg. Co. v. Ellis, 68 Mich. 101; Duffield v....