Hersha v. Brenneman
Supreme Court of Pennsylvania
APPEAL from the decree of the Orphans’ Court of Dauphin county. Christian Brenneman died in the autumn of the year 1818, intestate, leaving four sons and five daughters, all of whom, except one, were of age at the time of his death. He also left two grand-daughters and a grandson, children of his eldest son, Michael Brenneman, who died several years before his father.
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APPEAL from the decree of the Orphans’ Court of Dauphin county. Christian Brenneman died in the autumn of the year 1818, intestate, leaving four sons and five daughters, all of whom, except one, were of age at the time of his death. He also left two grand-daughters and a grandson, children of his eldest son, Michael Brenneman, who died several years before his father. On the petition of the two eldest sons of the intestate, then living, the Orphans’ Court of Dauphin county on the 18th January, 1819, awarded an inquest, who divided the real estate of the intestate into four parts, each of…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson J.
The intestate left five daughters and four sons, besides three grand-children, to wit, two daughters and a son, the children of Michael Brenneman, who died in the lifetime of his father, the intestate. On a petition to the Orphans’ Court for partition of the estate, the inquest divided it into four purparts; on which the guardian of the three grand-children claimed priority of right as to taking one of the purparts at the appraisement. This was resisted by the two eldest sons, who contended that the right of choice was in them; and of this…
2Cases cited1 opinion
- Kline v. GraysonSupreme Court of Pennsylvania · 1811
3Cited by2 opinions
- Sandback v. QuigleySupreme Court of Pennsylvania · 1839
- Burk v. HuberSupreme Court of Pennsylvania · 1834