Legal Opinion

Commonwealth v. McAlister

Supreme Court of Pennsylvania

Decided July 1, 1857PublishedCited by 7 opinions

Err,or, to the Common Pleas of Lancaster county. This was an action of debt on a bond in the name of the Commonwealth for the use of the administrator of John Hart, deceased, against Jacob McAlister and Benjamin Hess, upon the trial of which the following facts appeared: — ■ Elizabeth and Eve Hackman being seised as tenants in common of a tract of land, Elizabeth died intestate in 1846, leaving as heirs her sister Eve and the children of five deceased sisters.

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Err,or, to the Common Pleas of Lancaster county. This was an action of debt on a bond in the name of the Commonwealth for the use of the administrator of John Hart, deceased, against Jacob McAlister and Benjamin Hess, upon the trial of which the following facts appeared: — ■ Elizabeth and Eve Hackman being seised as tenants in common of a tract of land, Elizabeth died intestate in 1846, leaving as heirs her sister Eve and the children of five deceased sisters. Jacob McAlister, the defendant, took out letters of administration upon her estate, and made distribution of her personal property…

1Opinion of the Court

The opinion of the court was delivered by

Armstrong, J.

Jacob McAlister was the administrator of Elizabeth Hackman, who died in 1846, intestate. Eve Hackman died in 1854, leaving a will, by which she bequeathed to her nephew, Jacob McAlister, ¿£1000, and the residuum of her estate to the children of her five deceased sisters. The executors being dead, Jacob McAlister took out letters of administration with the will annexed. Elizabeth and Eve died seised as tenants in common of a tract of land in Conestoga township, and proceedings in partition being had, all the heirs refused to take at the…

2Cited by7 opinions

  1. Hunt v. HopleySupreme Court of Iowa · 1903
  2. Estate of LawPennsylvania Orphans' Court, Philadelphia County · 1891
  3. Chancellor v. ChancellorSupreme Court of Alabama · 1912
  4. Barnes v. ClarkSupreme Court of Alabama · 1933
  5. Carr's EstateSuperior Court of Pennsylvania · 1904

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