Legal Opinion

Power's Appeal

Supreme Court of Pennsylvania

Decided July 7, 1870PublishedCited by 10 opinions

Appeal from the decree of the Orphans’ Court of Westmoreland county: Of October and November Term 1869, No. 161. In John Power’s estate.

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Appeal from the decree of the Orphans’ Court of Westmoreland county: Of October and November Term 1869, No. 161. In John Power’s estate. John Power died intestate on the 19th of December 1865, leaving seven children, viz.: James S. Power, John F. Power, William Power, Margaret, intermarried with Jacob Speers, Harriet Power, Mary Ellen Power and Frances, intermarried with B. Houseman and the children of Jane Thomas, a deceased daughter; of Evan W. Power, a son, and Hannah Fry: the last-named son and daughters having died in the lifetime of the decedent. The decedent died seised of a tract of…

1Opinion of the Court

The opinion of the court was delivered, July 7th 1870, by

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John Power died intestate on the 19th December, 1865, leaving issue seven children living, and the issue of a deceased son and of two deceased daughters. At the time of his death, he was the owner of a tract of land containing 237 acres and 67 perches, which was appraised by the inquest at $225 per acre, but, under an order of court for the sale of it, the highest bid offered for it was $150 per acre. His personal estate amounted to $5695.39.

The father, in his lifetime, had divided a portion of his estate amongst his four…

2Cases cited1 opinion

  1. Quarles v. QuarlesMassachusetts Supreme Judicial Court · 1808

3Cited by10 opinions

  1. Patterson v. CaldwellSupreme Court of Pennsylvania · 1889
  2. Estate of LennigSupreme Court of Pennsylvania · 1897
  3. Whelen v. PhillipsSupreme Court of Pennsylvania · 1892
  4. In re Simon's EstateMichigan Supreme Court · 1909
  5. Daggett v. BarreCourt of Appeals of Texas · 1911

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