Legal Opinion

Culbertson v. Duly

Supreme Court of Pennsylvania

Decided May 15, 1844PublishedCited by 1 opinion

ERROR to the Common Pleas of Cumberland county. Robert Culbertson and others against Lemuel G. Duly and others. Ejectment for a house and lot, in which the parties agreed to the following facts as a special verdict: Robert M’Kean, of Shippensburg, the husband of Patience M’Kean, under whom the plaintiffs claim, died the 2d day of July 1836, having first made this will, dated 25th February 1836. “ In the name of God, Amen.

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ERROR to the Common Pleas of Cumberland county. Robert Culbertson and others against Lemuel G. Duly and others. Ejectment for a house and lot, in which the parties agreed to the following facts as a special verdict: Robert M’Kean, of Shippensburg, the husband of Patience M’Kean, under whom the plaintiffs claim, died the 2d day of July 1836, having first made this will, dated 25th February 1836. “ In the name of God, Amen. I Robert M’Kean, of Shippensburg, being very much afflicted in body, but of sound and disposing judgment, do make this my last will and testament, revoking all others that…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

It is very clear that the wife took a fee-simple in the testator’s real estate, by his will. We think it equally clear, that on her decease intestate, the house and lot in question in this ejectment descended to the plaintiffs, who are"her heirs at law, and not to the defendants, who are the heirs at law of the husband. The proviso constituting the 9th section of the Act of 8th *197April 1833, does not apply to a case like the present. The husband is not ancestor or other relation to his wife, in the sense in which these terms are used in the…

2Cited by1 opinion

  1. Kinney v. GlasgowSupreme Court of Pennsylvania · 1866

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