Estate of Hicks
Superior Court of Pennsylvania
Appeal, No. 162, Oct. T., 1897, by Caroline Pabst, from decree of O. C. Philadelphia County, Oct. T., 1895, No. 258, disallowing claim. Smith, J., concurs. Exceptions to adjudication.
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Appeal, No. 162, Oct. T., 1897, by Caroline Pabst, from decree of O. C. Philadelphia County, Oct. T., 1895, No. 258, disallowing claim. Smith, J., concurs. Exceptions to adjudication. Before Hanna, P. J. At the audit of decedent’s estate, which was insolvent, Caroline Pahst presented a claim on a judgment note,’ not under seal, for the sum of $4,000 dated December 31,1890. Decedent died June 24, 1894, and letters of administration were granted to his widow who died on the 29th of April, 1895, and upon her death letters of administration were granted to Charles F. Linde, who filed the account…
1ConcurrenceSmith, J.
When our statute of limitations of March 13, 1713, was enacted, the right of property in a chose in action owned by a woman, and her power to sue for it, were suspended and might be extinguished by her marriage. During coverture the husband alone could reduce it to possession, and having done this the property rested absolutely in him. Such was the law also as to a chose accruing to her during coverture, except with respect to a personal tort. The wife had neither a right of property that would sustain an action nor capacity to sue. The husband could sue alone for her choses accruing during…
2Cases cited5 opinions
- Hertzog v. HertzogSupreme Court of Pennsylvania · 1857
- Tritt's Administrator v. Colwell's AdministratorSupreme Court of Pennsylvania · 1858
- Wintercast v. SmithSupreme Court of Pennsylvania · 1833
- Cummings v. CummingsMassachusetts Supreme Judicial Court · 1887
- Grebill's AppealSupreme Court of Pennsylvania · 1878