Kennedy v. Johnston
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Franklin county: No. 83, to May Term 1870. Max Kennedy, committee, &c., of Sally Mahon, a lunatic, on the 15th of February 1868, instituted an action of dower against George Johnston, and claimed dower for his ward as the widow of Robert Mahon’of a tract of 240 acres of land, &c.
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Error to the Court of Common Pleas of Franklin county: No. 83, to May Term 1870. Max Kennedy, committee, &c., of Sally Mahon, a lunatic, on the 15th of February 1868, instituted an action of dower against George Johnston, and claimed dower for his ward as the widow of Robert Mahon’of a tract of 240 acres of land, &c. Johnston pleaded, 1. To the jurisdiction of the court, and that the jurisdiction was in the Orphans’ Court; 2. That Sally Mahon was never seised of dower in said tract; 4. That Robert Mahon, by his will proved May 13th 1845, devised to her one-third of the income of his farm to…
1Opinion of the Court
The opinion-of the court was delivered, July 7th 1870, by
Agnew, J.
Robert Mahon, the husband of Sally Mahon, died in May 1845, and she was not declared a lunatic until August 1867. During all this interval she took under the will of her husband the provisions made for her. Had she been sane there could be no doubt-that the acts of acceptance under the will, as given in evidence, would have been deemed an election in pais and barred her dower: Cauffman v. Cauffman, 17 S. & R. 16; Light v. Light, 9 Harris 407; Bradford v. Kents, 7 Wright 474. But if she were insane from the period of her…
2Cases cited1 opinion
- Collins v. CarmanCourt of Appeals of Maryland · 1853
3Cited by23 opinions
- Harris EstateSupreme Court of Pennsylvania · 1944
- Estate of CunninghamSupreme Court of Pennsylvania · 1890
- Arnold's EstateSupreme Court of Pennsylvania · 1915
- Ambrose v. Rugg, Admx.Ohio Supreme Court · 1931
- Gerlach's EstateSuperior Court of Pennsylvania · 1937
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