Legal Opinion

Spangler's Appeal

Supreme Court of Pennsylvania

Decided July 1, 1855PublishedCited by 4 opinions

Appeal from tbe decree of tbe Orphans’ Court of York county. This was an appeal by Israel Spangler from tbe decree of tbe Orphans’ Court, on tbe account of Jesse Spangler, guardian of tbe appellant.

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Appeal from tbe decree of tbe Orphans’ Court of York county. This was an appeal by Israel Spangler from tbe decree of tbe Orphans’ Court, on tbe account of Jesse Spangler, guardian of tbe appellant. Samuel Eichelberger died on tbe 22d April, 1828, and proceedings in partition were bad upon his real estate, in tbe Orphans’ Court of York county, under which portions of it, Nos. 1 and 3, were appraised, and in September and November, 1829, were taken by two of the sons of tbe decedent, at tbe valuation, and recognisances were executed .by them for payment of tbe shares of tbe widow, and the…

1Opinion of the Court

The opinion of the Court was delivered by

Blace, J.

The appellant’s maternal grandfather died before he was born, and his mother soon afterwards, leaving him her only heir. His father (the appellee) took for his second wife a sister of the first one, and was appointed guardian of his son. He had therefore a right to receive and take into his possession two full shares of the grandfather’s estate.

How much of the first wife’s share could he keep as his own, and what portion was he bound to account for as guardian of his son ? He was entitled to the whole of her personal property, and as tenant by…

2Cited by4 opinions

  1. Flora AppealSuperior Court of Pennsylvania · 1956
  2. Flagg v. Flagg, Pennsylvania Court of Common Pleas, Berks County1952
  3. Kydd TrustPennsylvania Orphans' Court, Philadelphia County · 1948
  4. Scholler EstatePennsylvania Orphans' Court, Philadelphia County · 1959

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