10 Pa. 373 | Pa. | 1849
It having been already decided (Skin
It remains now to inquire as to the four shares transferred by Skinner to Wirt, in trust, on the 13th March, 1840, and re-transferred the 13th August, 1840, by Wirt to Skinner and wife. This transaction, we think, was such an assertion of ownership, such a reduction of the stock into possession, as to bar the title of the wife to a moiety of the shares. The re-transfer, however, to both, indicates an intention on the part of the husband (contrary to no principle of which I am aware), that the property should survive to the wife in case she survived her husband; but if he survived her (which happened), it should be his absolutely. From this, it follows that, as the four shares belonged to him at the time of the assignment, they passed to his assignees, as already ruled in Skinner’s Appeal, 5 Barr, 262.
We are further of the opinion that dividends unpaid, now in bank, depend on the same principle, and consequently that in addition to the stock, the plaintiff is entitled to judgment for the amount now remaining due and unpaid.
Judgment for plaintiffs for sixteen shares of the stock of the Gettysburg Bank, and for the sum of $328.96, the amount of dividends thereon unpaid.