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Keywords

settlementdefendantjurisdictiontrustwill

settlementplaintiffdefendantjurisdictionverdicttestimonyplea

Related Cases

Linsenbigler v. Gourley, 56 Pa. 166, 1867 WL 7606, 94 Am.Dec. 51, 6 P.F. Smith 166

Facts

B. F. Gourley, before leaving for military service, entrusted promissory notes to a friend with instructions to deliver them to his fiancée, Matilda J. Linsenbigler, in case he did not return. Gourley expressed his desire for her to have the notes in several letters, indicating his affection and intention to provide for her. After his death in the field, Linsenbigler sought to recover the amount of the notes from Gourley's estate, which was administered by George A. Gourley.

B. F. Gourley enlisted July 27th 1861; that on the day he left home for the army he showed the witness the note in suit, another small promissory note and a bank-note for $5; he then put them into an envelope, sealed it and addressed it, 'Miss M. J. Linsenbigler, Pleasant Hill, in politeness of Friend Patterson,' and told witness to give them to Miss Linsenbigler the first time he should see her, that he would rather she should have them than any one else.

Issue

Whether the promissory notes left by B. F. Gourley to Matilda J. Linsenbigler constituted an absolute gift or merely an expression of intent contingent upon his return, and whether Linsenbigler could recover the amount from the debtor.

The principal question in this case was decided when it was here before: 1 P. F. Smith 345 . It was then held that the defendant's note was not a donatio causa mortis. It is quite as manifest it was not an absolute gift.

Rule

The court determined that the Orphans' Court has exclusive jurisdiction over the settlement and distribution of estates, including claims of creditors and legatees, and that a gift must be absolute and not contingent to be enforceable.

It is now the settled law, that the Orphans' Court has exclusive jurisdiction over all things pertaining to the settlement and distribution of estates, including the claims of creditors, next of kin and legatees.

Analysis

The court analyzed the evidence presented, including Gourley's letters and the circumstances surrounding the delivery of the notes. It concluded that the notes were not an absolute gift but rather a conditional promise that would only take effect if Gourley did not return from the war. The court emphasized that the letters did not constitute a will and that the estate's assets were under the jurisdiction of the Orphans' Court.

The utmost that can be claimed from the testimony of Patterson and the letters, was an intention that the plaintiff should get it in case the deceased should not return.

Conclusion

The court affirmed the judgment in favor of the defendant, ruling that Linsenbigler could not recover the amount of the notes from the debtor as the estate's assets were subject to administration.

For all these reasons the judgment must be affirmed.

Who won?

George A. Gourley prevailed in the case because the court found that the notes were not an absolute gift and that the estate's assets were under the jurisdiction of the Orphans' Court.

The verdict was for the defendant.

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