Legal Opinion

Kean v. Ridgway

Supreme Court of Pennsylvania

Decided May 29, 1827PublishedCited by 2 opinions

IN ERROR. Writ of error to Dauphin county, in an ejectment for one hundred and sixty-three acres of land, brought by Jane Kean, who survived her husband, John Kean, the said Jane being one of the daughters and legal representatives of John Hamilton, deceased, who died intestate, against Jacob Ridgioay and Nicholas Bressler.

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IN ERROR. Writ of error to Dauphin county, in an ejectment for one hundred and sixty-three acres of land, brought by Jane Kean, who survived her husband, John Kean, the said Jane being one of the daughters and legal representatives of John Hamilton, deceased, who died intestate, against Jacob Ridgioay and Nicholas Bressler. The jury empannelled in the court below for the trial of the cause, returned a special verdict, of which the following is the substance:— John Hamilton died intestate, prior to the passage of the intestate act of 1794, (at which period, the oldest son of an intestate took…

1Opinion of the Court

The opinion of the court was delivered by

Gibson, C. J.

The legislature had in .view a partition among those who claim by descent from the intestate, unembarrassed by the intervening of a husband, which was not foreseen and therefore not provided for. When it occurred in practice, it gave rise to many difeulties and different opinions which prevailed in different pai’ts of the *64state. In some, it was thought that as the husband might have elected to take his wife’s share in money, and as he paid for the other shares with his own funds, justice required that he should be permitted to take the…

2Cited by2 opinions

  1. Hoffer v. WightmanSupreme Court of Pennsylvania · 1836
  2. Johnson v. MatsonSupreme Court of Pennsylvania · 1830

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