Kann's Estate
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of York county: Of May Term 1871, No. 101. The facts of this case are as follows, viz.: — ■ Jacob Kann, Jr., died in October 1866, leaving a widow, and two children, Sarah and William, both of whom were minors. On the 13th of April 1867, C. S. Gerber was appointed guardian, &c., of Sarah, and Wendell Gross guardian, &c., of William.
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Appeal from the Orphans’ Court of York county: Of May Term 1871, No. 101. The facts of this case are as follows, viz.: — ■ Jacob Kann, Jr., died in October 1866, leaving a widow, and two children, Sarah and William, both of whom were minors. On the 13th of April 1867, C. S. Gerber was appointed guardian, &c., of Sarah, and Wendell Gross guardian, &c., of William. The decedent having died seised of certain real estate, upon the petition of the widow and the guardians, the Orphans’ Court, on the 15th of June 1867, appointed commissioners to make partition. On the 23d of the same month the…
1Opinion of the Court
The opinion of the court was delivered, October 9th 1871, by
Read, J.
In Yohe v. Barnet, 1 Binney 358, a bond given for the purpart of the valuation of real estate, in a partition in the Orphans’ Court, was held to be personal property, and as such became the property of the husband as the owner of his wife’s share. “ There is no ground for saying,” said Chief Justice Tilghman, “ that the share thus directed to be paid in money remains for any intent or purpose of the nature of real estate. It is converted completely into personal property.”
The injustice of such a state of the law was strongly…
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