Legal Opinion

Bowman's Appeal

Supreme Court of Pennsylvania

Decided November 15, 1834PublishedCited by 4 opinions

APPEAL by Samuel Bowman from the decree of the orphan’s court of Lebanon county, confirming an account settled therein by the executors of his guardian, Henry Herr. Henry Herr in his lifetime had been the guardian of Samuel Bowman, the appellant in this case, and two other of the minor children of John Bowman, who died intestate, leaving ten children, and seised of a valuable real estate.

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APPEAL by Samuel Bowman from the decree of the orphan’s court of Lebanon county, confirming an account settled therein by the executors of his guardian, Henry Herr. Henry Herr in his lifetime had been the guardian of Samuel Bowman, the appellant in this case, and two other of the minor children of John Bowman, who died intestate, leaving ten children, and seised of a valuable real estate. The eldest son of the deceased, being the only one of them that was of full age, petitioned the orphan’s court of Lebanon county, where the estate lay, for a partition and valuation of it. A writ was…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

This question must be decided by a reference to our .acts of assembly on this subject. It is admitted that a guardian, under the intestate act of the 19th of April 1794, and the supplements passed thereto, may elect to take an allotment. of the real estate in such case at the appraised value for and on behalf of his ward, and that the latter will be bound to take it; and if it should exceed in value his proportion of the whole estate, he will be bound to pay to the other children the excess in money, whatever it may be. Indeed this authority…

2Cited by4 opinions

  1. Merkel's EstateSupreme Court of Pennsylvania · 1893
  2. Kaufman v. CrawfordSupreme Court of Pennsylvania · 1845
  3. Hassler's AppealSupreme Court of Pennsylvania · 1836
  4. Tritt v. CrotzerSupreme Court of Pennsylvania · 1850

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