Fink v. Hake
Supreme Court of Pennsylvania
ERROR, to the common pleas of York county. Eve Fink against Frederick and Jacob Hake, administrators of Andrew Hake. This action was brought to' recover the distributive share of the plaintiff, in her father Andrew Hake’s estate. The plaintiff was one of nine children of Andrew Hake deceased, and, during the lifetime of her father, she was the wife of Sebastian Fink.
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ERROR, to the common pleas of York county. Eve Fink against Frederick and Jacob Hake, administrators of Andrew Hake. This action was brought to' recover the distributive share of the plaintiff, in her father Andrew Hake’s estate. The plaintiff was one of nine children of Andrew Hake deceased, and, during the lifetime of her father, she was the wife of Sebastian Fink. Andrew Hake, the intestate, died in 1832; during his lifetime, Sebastian Fink executed a bond to him for the payment of 2500 dollars, which was still due at his death. When the bond was executed, Sebastian Fink was insolvent, and…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The principles laid down in Lodge v. Hamilton, 2 Serg. & Rawle 492, and Wintercost v. Smith, 4 Rawle 177, would seem to decide this case in favour of the plaintiff. That a distributive share of a deceased intestate’s personal estate, coming to a wife as the next,, or one of the next of kin to the deceased, is a mere chose in action cannot be doubted. The cases just mentioned and the authorities therein referred to, show it to be so. In the latter of these cases, it was held, that a legacy bequeathed to a feme covert, who after the death of…
2Cases cited1 opinion
- Wintercast v. SmithSupreme Court of Pennsylvania · 1833
3Cited by3 opinions
- Lee v. EvansCalifornia Supreme Court · 1857
- Spence v. SteadmanSupreme Court of Georgia · 1873
- Flory v. BeckerSupreme Court of Pennsylvania · 1846