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MARKET STREET TRUST COMPANY v. BENNETHUM (06/26/53)

June 26, 1953

MARKET STREET TRUST COMPANY, EXECUTOR,
v.
BENNETHUM, APPELLANT



Appeal, No. 30, May T., 1953, from judgment of Court of Common Pleas of Dauphin County, June T., 1950, No. 499, in case of Market Street Trust Company, Exr., Estate of Malcolm H. Gettys, deceased, v. Anna S. Bennethum. Judgment affirmed.

COUNSEL

William S. Bailey, with him Storey, Bailey & Rupp, for appellant.

Henry E. Harner, with him C. Russell Welsh, Jr., for appellee.

Before Stern, C.j., Stearne, Jones, Bell, Chidsey, Musmanno and Arnold, JJ.

Author: Musmanno

[ 374 Pa. Page 274]

OPINION BY MR. JUSTICE MUSMANNO

On September 15, 1949, Malcolm H. Gettys and Anna S. Bennethum entered into an agreement, as follows:

"9/15/49.

"For a check of $300.00 and $50.00 the first day of each month thereafter, until the sum of 2659.79 is paid I agree to refrain from placing any lien or mortgage on any properties owned by Anna S. Bennethum.

"9/15/49.

"I agree to pay Malcolm Gettys $300 Sept. 9/15/49, and 50.00 each month thereafter until the sum of 2659.79 is paid. Malcolm Gettys agrees to refrain from placing any lien or mortgage against 2227 N. Second St. or any other properties owned by Anna S. Bennethum so long as the above agreement is carried out.

"Witness: (s) William H. ...


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