Estate of Hauer
Supreme Court of Pennsylvania
APPEAL BY ELIZ. SCHROYER ET AL. FROM THE ORPHANS’ COURT OE LANCASTER COUNTY. No. 150 January Term 1890, Sup. Ct.; court below, number and term not given.
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APPEAL BY ELIZ. SCHROYER ET AL. FROM THE ORPHANS’ COURT OE LANCASTER COUNTY. No. 150 January Term 1890, Sup. Ct.; court below, number and term not given. On August 18,1888, Barbara Hauer and Thomas M. Grady, administrators of the estate of Christoph Hauer, deceased, settled an account exhibiting a balance in their hands due the estate; and, on October 4, 1888, Mr. William Augustus Atlee, was appointed auditor, to report a distribution of said balance among the persons legally entitled thereto. Before the auditor, Barbara Hauer, the widow of the decedent, presented a claim for $8,227.50, with…
1Opinion of the Court
Opinion,
Mr. Justice McCollum:
The single question presented by this appeal is whether a wife, who for a period of ten years or more permits her husband to receive and use as his own the rents of her separate property, can, at his death, recover them from his estate, without proof of an understanding that he should account for them.
It is well settled that a husband, who receives any portion of the principal of his wife’s separate estate, becomes, in the absence of an agreement controlling his reception of it, her debtor for the amount so received, but he is not, as a general rule, chargeable…
2Cases cited1 opinion
- Towers v. HagnerSupreme Court of Pennsylvania · 1838
3Cited by17 opinions
- Peoples Savings & Dime Bank & Trust Co. v. ScottSupreme Court of Pennsylvania · 1931
- Estate of Honickman v. CommissionerUnited States Tax Court · 1972
- Grubbe v. GrubbeOregon Supreme Court · 1894
- In re Schmidt's EstateSupreme Court of Minnesota · 1894
- Logan's EstateSuperior Court of Pennsylvania · 1920
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