Legal Opinion

Horner & Roberts v. Hasbrouck

Supreme Court of Pennsylvania

Decided January 6, 1862PublishedCited by 19 opinions

Error to the District Court of Allegheny county. This was an action of ejectment, to November Term 1860, by Cicero Hasbrouck against Simpson Horner, Geo.

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Error to the District Court of Allegheny county. This was an action of ejectment, to November Term 1860, by Cicero Hasbrouck against Simpson Horner, Geo. W. Roberts, and Richard Easterbrook, for the undivided eighth part of lot No. 13, in the borough of Elizabeth, with the ferry rights and appurtenances thereto annexed, in which the following case was stated for the opinion of the court:— On the 4th day of June 1856, John Walker, Sr., died intestate, seised in fee simple of (inter alia) the entirety of the land and premises described in the writ, leaving no widow,1 but leaving eight children…

1Opinion of the Court

The opinion of the court was delivered,

by Woodward, J.

Anciently when a man died in England without making any disposition of his testable goods, the King, as parens patries, used to seize the goods to the intent that they should be preserved and disposed of for the burial of the deceased, the payment of his debts, and to advance his wife and children, if he had any, and if not, those of his blood. This royal prerogative, granted sometimes to lords of manors, was invested finally in the prelates of the church, for it was said none could be found more fit to have such care and charge of the…

2Cases cited5 opinions

  1. Seider v. SeiderSupreme Court of Pennsylvania · 1840
  2. Mix v. AcklaSupreme Court of Pennsylvania · 1838
  3. Luce v. SnivelySupreme Court of Pennsylvania · 1835
  4. Pierson v. LawrenceU.S. Circuit Court for the District of Southern New York · 1852
  5. Walker's AppealSupreme Court of Pennsylvania · 1857

3Cited by19 opinions

  1. Kenna EstateSupreme Court of Pennsylvania · 1943
  2. Power v. GroganSupreme Court of Pennsylvania · 1911
  3. Quality Lumber & Millwork Co. v. AndrusSupreme Court of Pennsylvania · 1964
  4. Estate of Lena HartzellSuperior Court of Pennsylvania · 1934
  5. Shannon v. NewtonSupreme Court of Pennsylvania · 1890

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