Legal Opinion

Tritt's Administrator v. Colwell's Administrator

Supreme Court of Pennsylvania

Decided July 1, 1858PublishedCited by 11 opinions

Error to the Common Pleas of Cumberland county. This was an action of debt brought in the court below, by John E. B. Graham, administrator de bonis non with the will annexed, of John Colwell, deceased, for the use of William Graham, against George Miller, administrator of William K. Tritt, deceased, with notice to terre tenants; upon a bond, dated the 2d April 1838, in the penal sum of $1000, conditioned for the payment of $458.33J to the executors of John Colwell, deceased,…

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Error to the Common Pleas of Cumberland county. This was an action of debt brought in the court below, by John E. B. Graham, administrator de bonis non with the will annexed, of John Colwell, deceased, for the use of William Graham, against George Miller, administrator of William K. Tritt, deceased, with notice to terre tenants; upon a bond, dated the 2d April 1838, in the penal sum of $1000, conditioned for the payment of $458.33J to the executors of John Colwell, deceased, for the use of Mrs. Jane Phillips, at the decease of Mrs. Martha Colwell, the widow. On the 4th January 1831, John…

1Opinion of the Court

The opinion of the court was delivered by

Strong, J.

Prior to the Act of Assembly of April 11th 1848, marriage, though not an absolute gift of the wife’s choses in action, vested in the husband a right to them, on condition that he should reduce them into possession during the coverture. Her separate civil existence being suspended and merged in his, he succeeded necessarily to all her power and dominion over her chose, and *233could exercise that power as fully as she could have exercised it, had she remained sole. That reduction into possession, which made the chose absolutely, as well as…

2Cases cited3 opinions

  1. Anderson v. Van AlenNew York Supreme Court · 1815
  2. Case of the accounts of SiterSupreme Court of Pennsylvania · 1834
  3. Hartman v. DowdelSupreme Court of Pennsylvania · 1829

3Cited by11 opinions

  1. First N. Bk. of Bangor v. Bangor Tr. Co.Supreme Court of Pennsylvania · 1929
  2. Hubbard v. Bibb Brokerage Co.Court of Appeals of Georgia · 1931
  3. Walker v. EmerichSupreme Court of Pennsylvania · 1930
  4. Burger, for Use v. Freedom Twp.Superior Court of Pennsylvania · 1936
  5. In Re Oxford Royal Mushroom Products, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1988

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