Hastings v. Crunckleton
Supreme Court of Pennsylvania
Dower of lands in Antrim township. John Crunckleton devised to his wife Elizabeth, one of the demandants, the sum of 181. annually during her life, and certain specific articles and privileges in the house, in lieu of her dower. The widow, after his death, elected to take her thirds at common law, and afterwards brought dower and recovered. Her thirds were assigned to her, and on her taking possession, she cut down timber and cleared lands, part of what was allotted to her.
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Dower of lands in Antrim township. John Crunckleton devised to his wife Elizabeth, one of the demandants, the sum of 181. annually during her life, and certain specific articles and privileges in the house, in lieu of her dower. The widow, after his death, elected to take her thirds at common law, and afterwards brought dower and recovered. Her thirds were assigned to her, and on her taking possession, she cut down timber and cleared lands, part of what was allotted to her. The proceedings were afterwards reversed in the Supreme Court, for error.
1Opinion of the Court
The counsel for the tenants insisted, that by cutting down timber and clearing lands, the widow had committed waste, and forfeited her interest in the lands. Co. Lit. 53, a. b. 54, a.
*262] *But the court said, there was a material difference be-J tween the local circumstances of this state and of Great Britain. It would be an outrage on common sense to suppose, that what would be deemed waste in England, .coidd receive that appellation here. Lands in general with us are enhanced by being cleared, provided a proper proportion of woodland is preserved for the maintenance of the place. If the tenant…
2Cases cited2 opinions
- Williard v. WilliardSupreme Court of Pennsylvania · 1868
- Lynn's AppealSupreme Court of Pennsylvania · 1857
3Cited by8 opinions
- Wilkinson v. WilkinsonWisconsin Supreme Court · 1884
- Alexander v. FisherSupreme Court of Alabama · 1845
- Sherrill v. . ConnorSupreme Court of North Carolina · 1890
- Sayers v. HoskinsonSupreme Court of Pennsylvania · 1885
- Gaines v. Green Pond Iron Mining Co.Supreme Court of New Jersey · 1881
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