Warfield v. Fox
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Greene county. This was ejectment, by Samuel Warfield and Hannah his wife, in her right, and others, children and grandchildren of Abraham Stewart, deceased, against Dennis and John Fox. Abraham Stewart was owner of the land in dispute, and died about the 1st of July 1843, having made his will dated June 15th, and proved July 13th of the same year.
Read the full summary
Error to the Court of Common Pleas of Greene county. This was ejectment, by Samuel Warfield and Hannah his wife, in her right, and others, children and grandchildren of Abraham Stewart, deceased, against Dennis and John Fox. Abraham Stewart was owner of the land in dispute, and died about the 1st of July 1843, having made his will dated June 15th, and proved July 13th of the same year. The will is signed by the testator’s mark, and is as follows :— “ I give and bequeath to my loving wife, Sarah, my real and personal estate as long as she remains my widow; afterwards to my three sons, Joseph,…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
The single question is, whether the 7th section of the Act of April 22d 1856, entitled “ An act for the greater certainty of title, and more secure enjoyment of real estate,” bars the plaintiffs against contesting the will of Abraham Stewart, *384deceased. The will was admitted to probate by the register, on the 13th of July 1843. All the plaintiffs claim as heirs at law of the decedent, either as children or grandchildren. At the time of the probate, Hannah Warfield, one of the children, was a minor, about nine years of age. She attained her…
Also in this document: Dissent.
2Cases cited1 opinion
- Lessee of Mobley v. OekerSupreme Court of Pennsylvania · 1801
3Cited by17 opinions
- Elkins's EstateSupreme Court of Pennsylvania · 1936
- Walker v. MummertSupreme Court of Pennsylvania · 1958
- Peterson ex rel. Peterson v. Delaware River Ferry Co.Supreme Court of Pennsylvania · 1899
- Lewis v. Pawnee Bill's Wild West Co.Supreme Court of Delaware · 1907
- Miller's EstateSupreme Court of Pennsylvania · 1895
12 more not listed; retrieve them via the Exa API.