Kreider v. Kreider
Pennsylvania Court of Common Pleas, Philadelphia County
THE following case was stated for the opinion of the court in the nature of a special verdict. “ Anthony Kreider died in August 1826, intestate, seised of certain real estate. He left a widow, the plaintiff', and two minor children, (by a former wife) Frederick and Henry Kreider. Henry Kreider, the defendant, became the guardian of said minors by appointment of the orphan’s court.
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THE following case was stated for the opinion of the court in the nature of a special verdict. “ Anthony Kreider died in August 1826, intestate, seised of certain real estate. He left a widow, the plaintiff', and two minor children, (by a former wife) Frederick and Henry Kreider. Henry Kreider, the defendant, became the guardian of said minors by appointment of the orphan’s court. By consent of said widow the plaintiff, he the defendant, received the rents of the said real estate for the use of the said widow and children, in the proportions to which they are respectively entitled according…
1Opinion of the Court
The opinion of the Court was delivered by
StROüd, J,
It was ruled in M’Coy v, Scott, 2 Reticle 222, that until divested by a judicial sale, the right of the heirs of an intestate to the lands of which he died seised, is as absolute as that of the Intestate was in his lifetime; and therefore that they are entitled to the rents and profits of such lands, even though it shall afterwards appear that the intestate died insolvent. There is no statement of facts accompanying the report of this case, and it is not clear who were meant by the court under the name of heirs. Its strict legal acceptation…
2Cases cited1 opinion
- Pringle v. GawSupreme Court of Pennsylvania · 1820