Legal Opinion

Hoover v. Landis

Supreme Court of Pennsylvania

Decided May 25, 1874PublishedCited by 10 opinions

Error to the Court of Common Pleas of Cumberland county: Of May Term 1874, No. 100.. This was an amicable action and case stated, in which Phoebe Hoover, widow of Joseph E. Hoover, deceased, was plaintiff, and George Landis, executor, &c., of said deceased, George K. Hoover and others, legatees, David Hoover and others, residuary devisees of testator, and John 0. Stouffer, purchaser of his real estate, were defendants.

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Error to the Court of Common Pleas of Cumberland county: Of May Term 1874, No. 100.. This was an amicable action and case stated, in which Phoebe Hoover, widow of Joseph E. Hoover, deceased, was plaintiff, and George Landis, executor, &c., of said deceased, George K. Hoover and others, legatees, David Hoover and others, residuary devisees of testator, and John 0. Stouffer, purchaser of his real estate, were defendants. The facts agreed on were as follows:— Joseph P. Hoover died on or about the 10th day of May 1872, leaving to survive him a widow, the plaintiff in this ease, and no children,…

1Opinion of the Court

Judgment was entered in the Supreme Court, May 25th 1874.

2Per curiam

This case is so well stated in the opinion of the court below, it is unnecessary to discuss it. The estate of the widow is land, and not money. When she renounced her provision under the will and took under the law, the Intestate Law superseded the will as to her estate, and excluded the power of conversion under the will, so far as it affected her estate under the Intestate Law.

Judgment is therefore affirmed.

3Cited by10 opinions

  1. Kates's EstateSupreme Court of Pennsylvania · 1925
  2. Estate of CunninghamSupreme Court of Pennsylvania · 1890
  3. Neamand EstateSupreme Court of Pennsylvania · 1974
  4. Kittel v. SmithSupreme Court of Kansas · 1932
  5. In re the Real Estate of HartmannOrphan's Court of Delaware · 1928

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