Logan v. Richardson
Supreme Court of Pennsylvania
In Error. Error to the District Court of Alleghany county. The defendants in error were plaintiffs below, in an action on the case against the plaintiff in error, who was defendant-below, in which the plaintiff claimed, in right of his wife, Julia Richardson, to recover a. distributive share of the personal estate of Juliet Logan, deceased.
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In Error. Error to the District Court of Alleghany county. The defendants in error were plaintiffs below, in an action on the case against the plaintiff in error, who was defendant-below, in which the plaintiff claimed, in right of his wife, Julia Richardson, to recover a. distributive share of the personal estate of Juliet Logan, deceased. The declaration contained the common counts in indebitatus assumpsit, to which the defendant put in the pleas of non assumpsit, payment, with leave, &c., and non assumpsit infra sex annos. The plaintiffs showed, that letters of administration on the estate…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
In this case, which -was an action for a distributive share of an intestate’s estate, the court instructed the jury, that the plaintiff was entitled to recover, without having filed or tendered a refunding bond before suit brought; and that the plaintiff’s claim was not barred by the eighteenth section of the Intestate Act of the 19th April, 1794, or by the act of limitations. On both points, we are of opinion, the instruction was right.
A distinction has ever been taken between a suit for a distributive share, and for a legacy. In the latter,…
2Cases cited2 opinions
- Patterson v. NicholSupreme Court of Pennsylvania · 1837
- Wood v. DavidsonSupreme Court of Pennsylvania · 1829
3Cited by3 opinions
- Estate of BearSuperior Court of Pennsylvania · 1899
- Kelsey's EstatePennsylvania Orphans' Court, Erie County · 1935
- Vogest's EstatePennsylvania Orphans' Court, Philadelphia County · 1937