Manley

Board of Home Missions & Church Extension v. Manley

Good Law
129 Cal. App. 541·1933 Cal. App. LEXIS 1126·19 P.2d 21
Court of Appeal of CaliforniaFebruary 10, 1933Docket No. 8477.California1,237 words

Opinion

Lead Opinion

Jamison, J.

This action is upon a rejected claim against the estate of Martha D. Sanders, deceased. The claim is for a subscription or pledge by deceased for the benefit of plaintiff. The executrix of said estate by her answer set forth two defenses to said action. One of them was want of consideration and the other was the exercise of undue influence over the mind of said deceased in procuring her signature to the said subscription. The case was tried by the court, which found against defendant upon the ground of undue influence, but in her favor upon the defense of want of consideration. Judgment was thereupon rendered for defendant and from this judgment plaintiff appeals.

The question to be determined upon this appeal is whether or not the said claim is supported by a sufficient consideration. On October 30, 1929, the said deceased executed and delivered to appellant the following subscription or pledge: “Estate Pledge. To the Board of Home Missions and Church - Extension of the Methodist Episcopal Church. In consideration of my interest in Christian Missions and of the securing by the above named Board of other pledges for its work, and for value received, I hereby promise and agree to…

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