Cauffman v. Cauffman
Supreme Court of Pennsylvania
IN ERROR. Writ of error to the Court of Common Pleas of Cumberland county, in an action of dower brought by Elizabeth Cauffman, the defendant in error-and plaintiff below, against John Cauffman, to recover her dower in a house and lot situate in the borough of Car-lisle', of which her late husband, Christian Cauffman^ died seised.
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IN ERROR. Writ of error to the Court of Common Pleas of Cumberland county, in an action of dower brought by Elizabeth Cauffman, the defendant in error-and plaintiff below, against John Cauffman, to recover her dower in a house and lot situate in the borough of Car-lisle', of which her late husband, Christian Cauffman^ died seised. The property rented for about two hundred and fifty dollars per annum. . The plaintiff produced in evidence the will of Christian Cauffman, dated the 15th of. March, 1823, and' proved the 4th of September, 1823. The testator died in the latter part of August of that…
1Opinion of the Court
The opinion of the. court was delivered by
Duncan, J.
One thing is very certain, that the widow holds every thing specifically bequeathed to her by the will of her husband, to the.smallest particle, and now enjoys all the privileges of the property devised to Isaac Cauffman, aqcordirig to the will of her husband; and it is equally certain that so holding her bequests, *22if she succeeds in this action, she deféats the will and deprives the plaintiff in error of every thing.that his grandfather intended, and nothing is more certain than that by the express provision of the acts'of. the 4th of…
2Cited by2 opinions
- Heron v. HoffnerSupreme Court of Pennsylvania · 1832
- Russell v. BrooksMassachusetts Supreme Judicial Court · 1828