Legal Opinion

Lewis's Estate

Pennsylvania Orphans' Court, Philadelphia County

Decided April 5, 1879Published

Pur exceptions to re-adjudication. The adjudication on the account of the executors ol Mary F. Lewis, the decedent, having been opened, by agreement of counsel, to allow a re-argument, a revised statement, of a claim (rejected on the first, audit) was presented by "William M. Wright & Bro., plumbers, for work done and materials furnished by them for the separate estate of decedent, to the amount of $85.18. It- there appeared that the said expenses were incurred by Dr. Lewis,…

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Pur exceptions to re-adjudication. The adjudication on the account of the executors ol Mary F. Lewis, the decedent, having been opened, by agreement of counsel, to allow a re-argument, a revised statement, of a claim (rejected on the first, audit) was presented by "William M. Wright & Bro., plumbers, for work done and materials furnished by them for the separate estate of decedent, to the amount of $85.18. It- there appeared that the said expenses were incurred by Dr. Lewis, the husband of decedent, in his own name, but for the benolit of his wife’s separate estate, and while acting with her…

1Opinion of the Court

The Court.

The power of a married *187woman to charge her separate estate with debts tor necessary repairs or improvements, results not from the words of the statu to, as in the case of necessaries furnished to her family, but rather from construction and implication (Kuhns and Wife vs. Turney, 36 Legal Intell. 37; Shannon vs. Shultz, Id. 125). “If,” says Gordon, J., in the case first cited, “she is to enjoy her property, it must be that she shall have the power to keep it in a proper condition for use or profit."’

The reason thus given applies, to the extent of her in, forest, whether her…

2Cases cited1 opinion

  1. Lanier v. Mayor of City MaconSupreme Court of Georgia · 1877

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