Legal Opinion

Dubs v. Dubs

Supreme Court of Pennsylvania

Decided July 1, 1858PublishedCited by 7 opinions

Error to the Common Pleas of Bucks county. This was an amicable ejectment by George R., Thomas C., Howard, and Joseph Dubs, by their guardian The Pennsylvania Company for Insurances on Lives and Granting Annuities, against Dr. Samuel R. Dubs, wherein the parties agreed upon a case stated, to be considered as a special verdict and subject to a writ of error.

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Error to the Common Pleas of Bucks county. This was an amicable ejectment by George R., Thomas C., Howard, and Joseph Dubs, by their guardian The Pennsylvania Company for Insurances on Lives and Granting Annuities, against Dr. Samuel R. Dubs, wherein the parties agreed upon a case stated, to be considered as a special verdict and subject to a writ of error. The material facts are recited in the opinion of the court below, which was delivered by Smyser, P. J. — “ The plaintiffs are the children and heirs at law of Adelaide Dubs (late Adelaide Ross), a daughter of the Hon. John Ross, deceased.…

1Opinion of the Court

The opinion of the court was delivered by

Lowrie, C. J.

Our law authorizes a married woman to dispose of her separate property by will; and our intestate law of 1833 says that her estate, not so disposed of, or otherwise limited by marriage settlement, shall descend to her children, saving to her husband “ his right as tenant by the curtesy; which shall take place, although there be no issue of the marriage, in all cases where the issue, if any, would have inherited.”

Again, it, says, of her real estate, not so disposed of, that it shall descend subject to the estate and interest above given to…

2Cited by7 opinions

  1. Carson v. FuhsSupreme Court of Pennsylvania · 1890
  2. Estate of QuinPennsylvania Orphans' Court, Philadelphia County · 1891
  3. Shalters v. LaddSupreme Court of Pennsylvania · 1891
  4. Rank v. RankSupreme Court of Pennsylvania · 1888
  5. Morton's EstateSuperior Court of Pennsylvania · 1904

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