Legal Opinion

Gutshall v. Goodyear

Supreme Court of Pennsylvania

Decided June 4, 1884No. 35Published

Eeeor to the Court of Common Pleas of Cumberland county : Of May Term, 1884, No. 35. Debt, by Jacob Goodyear against John Gutshall, David Deitch, and George Beltzhoover, stakeholders, and John A. Goodyear, George W. Goodyear, and Addison L. Goodyear, defendants.

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Eeeor to the Court of Common Pleas of Cumberland county : Of May Term, 1884, No. 35. Debt, by Jacob Goodyear against John Gutshall, David Deitch, and George Beltzhoover, stakeholders, and John A. Goodyear, George W. Goodyear, and Addison L. Goodyear, defendants. The parties filed the following case stated, in the nature of a special verdict: Jacob Leidigh died in Monroe township in the year 1847, leaving to survive him a widow, Sarah — afterward intermarried with Gross — and four children, viz: George W. Leidigh, Catherine Leidigh, intermarried with John Mes-singer, Samuel Leidigh, and Mary…

1Opinion of the CourtJustice Gordon

The learned judge of the court below held, that the title of Mrs. Goodyear to the land sold under the proceedings in partition, was entirely divested by that sale, and that the estate which up to that period she had in the land, was, by virtue of those proceedings, converted into personalty; that except for the statute of March 29th, 1882, her husband would have had the right to have taken it absolutely, and that this right would, in such case, extend not only to the money payable before her death, but also to that payable after that event, as well as to her share of the dower fund due after…

2Cases cited2 opinions

  1. Post v. AverySupreme Court of Pennsylvania · 1843
  2. Walter's EstateSupreme Court of Pennsylvania · 1837

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