Clarke's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Erie county: Of October and November Term 1875, No. 123. Eliza Clarke, the wife of Joseph S. Clarke, died in May 1.872, leaving her husband to survive her, but never having had any children. She died seised of a house and lot in North East, Erie county, but no other estate real or personal.
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Appeal from the Orphans’ Court of Erie county: Of October and November Term 1875, No. 123. Eliza Clarke, the wife of Joseph S. Clarke, died in May 1.872, leaving her husband to survive her, but never having had any children. She died seised of a house and lot in North East, Erie county, but no other estate real or personal. By her will dated March 17th 1868, and proved March 14th 1874, she gave to her “sister Saloma Hebblewhite $1000 in cash;” the residue of her “ estate real and personal ” she gave to her husband. The executor named in the will renounced. On the 16th of June 1874, the…
1Opinion of the CourtChief Justice Agnew
A husband is entitled to his curtesy in the real estate of inheritance of his deceased wife, when' he elects to take it against her last will. In considering the legislation upon the power of a married woman to devise her real estate, the fact must not be overlooked, that his curtesy estate was one arising at common law in the lifetime of his wife, and becoming fixed in him at the instant of her death. It was, therefore, not a subject upon which her devise could operate. As soon as issue is born alive capable of inheriting, the husband becomes tenant by the curtesy initiate, and the estate…
2Cited by4 opinions
- Fleming's EstateSupreme Court of Pennsylvania · 1907
- Mann v. MannSuperior Court of Pennsylvania · 1920
- Commissioners of the Rouse Estate v. Directors of Poor of McKean County Poor DistrictSupreme Court of Pennsylvania · 1895
- Storey v. Hoppes, Pennsylvania Court of Common Pleas, Schuylkill County1924