Walker v. Hall
Supreme Court of Pennsylvania
Error to the Common Pleas of JErie county. This was an action of trespass, by Anna G. Walker, against Peter Hall, for obstructing an alley, laid out over lot No. 1257, in the city of Erie, alleged to be the property of the plaintiff.
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Error to the Common Pleas of JErie county. This was an action of trespass, by Anna G. Walker, against Peter Hall, for obstructing an alley, laid out over lot No. 1257, in the city of Erie, alleged to be the property of the plaintiff. The plaintiff claimed title to the premises, under the will of her husband, John T. Walker, deceased, which was as follows:— “I, John T. Walker, a passed midshipman in the navy of the United States, being of sound mind, and aware of the uncertain nature of this life, in order to do justice to her who having linked herself to my uncertain fortunes: Now I,…
1Opinion of the Court
The opinion of the court was delivered by
Read, J.
The will of a feme sole was revoked by her marriage, whilst marriage and the birth of a child conjointly revoked the will of a man, whether of real or personal estate; marriage and the birth of issue did not produce revocation, where there was a provision made for the wife and children by the will itself, or perhaps by settlement executed previously to the will.
In Pennsylvania, this rule was changed by an act passed the 4th February 1748-9, 2 Miller s Laws 22, the last section of which was in these words: “ That where any person shall, at any…
2Cases cited2 opinions
- Clayton v. ClaytonSupreme Court of Pennsylvania · 1811
- M'Knight v. ReadSupreme Court of Pennsylvania · 1836
3Cited by10 opinions
- Jones's EstateSupreme Court of Pennsylvania · 1905
- Taylor v. Martin's EstateTexas Supreme Court · 1928
- Fidelity Ins., Trust, & S. D. Co.'s AppealSupreme Court of Pennsylvania · 1888
- Newlin's EstateSupreme Court of Pennsylvania · 1904
- Owens v. HainesSupreme Court of Pennsylvania · 1901
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