Legal Opinion

Wonsetler v. Wonsetler

Superior Court of Pennsylvania

Decided October 5, 1903No. Appeal, No. 90PublishedCited by 13 opinions

Appeal, No. 90, April T., 1903, by defendant, from judgment of C. P. Washington Co., Nov. T., 1902, No. 112, on verdict for plaintiff in case of W. K. Wonsetler v. D. M. Wonsetler. Replevin for one clock. Before McIlvaine, P. J. At the trial it appeared that the clock in question had been the property of Susana Wonsetler, mother of the plaintiff and defendant. Mrs. Wonsetler by her will bequeathed the clock to the plaintiff and a bureau to the defendant.

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Appeal, No. 90, April T., 1903, by defendant, from judgment of C. P. Washington Co., Nov. T., 1902, No. 112, on verdict for plaintiff in case of W. K. Wonsetler v. D. M. Wonsetler. Replevin for one clock. Before McIlvaine, P. J. At the trial it appeared that the clock in question had been the property of Susana Wonsetler, mother of the plaintiff and defendant. Mrs. Wonsetler by her will bequeathed the clock to the plaintiff and a bureau to the defendant. At the time of the decedent’s death the clock was in the possession of the defendant who claimed that he had purchased it from his mother…

1Opinion of the Court

Opinion by

Smith, J.,

Susanna W onsetler, mother of the parties to this suit, by her *324will bequeathed the clock here in controversy to the plaintiff, while to the defendant she bequeathed a bureau and other chattels. The plaintiff claims the clock under this bequest. The defendant alleges that his mother, long before her death, sold the clock to him. The plaintiff, besides denying that such sale was made, alleges that the defendant accepted the bureau bequeathed to him, and therefore cannot question his mother’s disposition of the clock. The defendant denies such acceptance.

Thus two questions…

2Cited by13 opinions

  1. Kaufmann's EstateSupreme Court of Pennsylvania · 1924
  2. Bute EstateSupreme Court of Pennsylvania · 1946
  3. Engemann v. Colonial Trust Co.Supreme Court of Pennsylvania · 1954
  4. King v. KingSupreme Court of Pennsylvania · 1924
  5. Ulansey v. Juniata Park Medical Center, Inc.Supreme Court of Pennsylvania · 1962

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