Legal Opinion

Appeal of Cummings

Supreme Court of Pennsylvania

Decided July 15, 1849PublishedCited by 3 opinions

Appeal by Albert S. Cummings from the decree of the Orphans’ Court of Union. July 27. Albert S. Cummings, intermarried with Louisa, a daughter of Peter Richter, deceased, presented a petition to the court below, representing “ That Henry Hilbish, who is the testamentary guardian of said Louisa, has filed his account, which has been confirmed absolutely at the present term, by which it appears that the balance in his hands is as follows:— Balance in money $1435.74 A house and…

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Appeal by Albert S. Cummings from the decree of the Orphans’ Court of Union. July 27. Albert S. Cummings, intermarried with Louisa, a daughter of Peter Richter, deceased, presented a petition to the court below, representing “ That Henry Hilbish, who is the testamentary guardian of said Louisa, has filed his account, which has been confirmed absolutely at the present term, by which it appears that the balance in his hands is as follows:— Balance in money $1435.74 A house and lot for which the guardian holds the title papers, amounting to 1560.00 $2995.74 “ The petitioner further represents,…

1Opinion of the Court

The opinion of this court was delivered by

Rogers, J.

Testamentary guardianship is not determined by the marriage of a male ward, but the guardianship of a female is terminable by marriage. This is a well settled distinction. The *275latter is the necessary consequence of the rights a husband acquires with regard to his wife’s person and property. By marriage he acquires an absolute, unqualified right to her personal property, to her choses in action, when reduced to possession, and to the possession of her real estate. Bor this reason it is ruled, that although she is still in her minority, he may…

2Cited by3 opinions

  1. Long v. YinglingSuperior Court of Pennsylvania · 1997
  2. MacConnell v. LindsaySupreme Court of Pennsylvania · 1890
  3. Hengst v. HengstSupreme Court of Pennsylvania · 1980

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