Bealor v. Hahn
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE LANCASTER COUNTY. No. 263 January Term 1887, Sup. Ct.; court below, No. 14 September Term 1885. The suit below was an ejectment brought September 7,1885, by Jeremiah M. Hahn against H. A. Bealor, executor of the will of Rebecca Habn, deceased, to recover a lot and dwelling tbereon in tbe borough of Manheim.
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ERROR TO THE COURT OE COMMON PLEAS OE LANCASTER COUNTY. No. 263 January Term 1887, Sup. Ct.; court below, No. 14 September Term 1885. The suit below was an ejectment brought September 7,1885, by Jeremiah M. Hahn against H. A. Bealor, executor of the will of Rebecca Habn, deceased, to recover a lot and dwelling tbereon in tbe borough of Manheim. On tbe trial, tbe plaintiff proved title in Rebecca Habn by deed from John Bealor dated December 8, 1878; that tbe plaintiff was tbe husband of said Rebecca Habn who died seized and testate January 2, 1885; and that letters testamentary on January…
1Opinion of the Court
Opinion,
Mr. Cheep Justice Gordon:
This is an action brought by a husband to enforce his right of curtesy in the estate of his deceased wife. The defence was that he had forfeited this right in consequence pf a violation of the conditions of the act of May 5, 1855, by his wilful and malicious desertion of his wife for the period of one year or more previous to her death. That there was such a desertion seems, from the evidence, very clear. The court however ruled that proof of wilful desertion was not enough, but that on the defence lay the burden of establishing that it was also in fact…
2Cases cited3 opinions
- Ingersoll v. IngersollSupreme Court of Pennsylvania · 1865
- McClurg's AppealSupreme Court of Pennsylvania · 1870
- Cattison v. CattisonSupreme Court of Pennsylvania · 1853
3Cited by9 opinions
- Howe v. HoweSuperior Court of Pennsylvania · 1901
- Hahn v. BealorSupreme Court of Pennsylvania · 1890
- Van Dyke v. Van DykeSupreme Court of Pennsylvania · 1890
- Matter of Estate of LorenzoHawaii Supreme Court · 1979
- Estate of Martina R. NixonSuperior Court of Pennsylvania · 1931
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