Legal Opinion

Wallace v. Keyser

Supreme Court of Pennsylvania

Decided March 5, 1856PublishedCited by 3 opinions

Certificate from Nisi Prius. This was a proceeding in equity, in which William H. Wallace and Katharine F., his wife, in right of the said Katharine F., John R. Savage and Sallie K., his wife, in right of the said Sallie K., Henry Keyser and Benjamin W. Keyser are complainants, and George F. Keyser, Francis keyser, William H. Wallace, Maria Schively and William C. Lloyd are respondents. Elhanan. W. Keyser died intestate in February 1860, leaving real and personal estate.

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Certificate from Nisi Prius. This was a proceeding in equity, in which William H. Wallace and Katharine F., his wife, in right of the said Katharine F., John R. Savage and Sallie K., his wife, in right of the said Sallie K., Henry Keyser and Benjamin W. Keyser are complainants, and George F. Keyser, Francis keyser, William H. Wallace, Maria Schively and William C. Lloyd are respondents. Elhanan. W. Keyser died intestate in February 1860, leaving real and personal estate. Administration was granted to William H. Wallace. The decedent left six children, viz., the above-named Katharine, Sallie,…

1Opinion of the Court

The opinion of the court was delivered, by

Agnew, J.

The debt set forth in the plaintiff’s bill was simply a judgment of Elhanan Keyser, the intestate, against his sons George and Francis, and is not alleged to be an advancement. The money in the hands of Wallace, the defendant, was not a fund in the course of distribution, but merely purchase-money arising from a private sale by the heirs of the intestate of the real estate placed in his hands for the use of the judgment-creditors of George and Francis in lieu of the liens they had released. The case does not fall within that numerous class of…

2Cases cited7 opinions

  1. Levering v. RittenhouseSupreme Court of Pennsylvania · 1839
  2. Earnest v. EarnestSupreme Court of Pennsylvania · 1835
  3. King's EstateSupreme Court of Pennsylvania · 1841
  4. Haverstock v. SarbachSupreme Court of Pennsylvania · 1841
  5. M'Conkey v. M'ConkeySupreme Court of Pennsylvania · 1840

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Senneff v. BrackeySupreme Court of Iowa · 1914
  2. Estate of HartmanSuperior Court of Pennsylvania · 1899
  3. Kunsman's EstatePennsylvania Orphans' Court, Northampton County · 1928

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