Walworth v. Abel
Supreme Court of Pennsylvania
Error to tbe Court of Common Pleas of Susquehanna county. This was an action of trover, commenced February 22d 1864, by Henry Abel, administrator, &c., of Silas Torrey, deceased, against Rufus Walworth, for a pair of oxen.
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Error to tbe Court of Common Pleas of Susquehanna county. This was an action of trover, commenced February 22d 1864, by Henry Abel, administrator, &c., of Silas Torrey, deceased, against Rufus Walworth, for a pair of oxen. Torrey in his lifetime was the owner of a farm, and on the 24th of September 1857 agreed in writing with Albert Capron, the husband of his granddaughter, to convey to him 40 acres, part of the farm, the object being the settlement of Torrey’s affairs, and “ to provide for himself and wife a maintenance and support during their declining years;” Capron to cultivate the whole…
1Opinion of the Court
The opinion of the court was delivered, October 17th 1866, by
Thompson, J.
It is material to bear in mind in this case, that the widow and heirs are not seeking to recover property of the estate without letters of administration. Ordinarily this cannot be done. The proposed testimony raises a very different question, viz.: that the cattle, for which this suit was brought, were obtained by the defendant in exchange for a horse; the interest of the estate in the cattle having been purchased from the widow and heirs by his vendor, thfere being no debts whatever against the estate, and no…
2Cited by28 opinions
- Braunschweiger's EstateSupreme Court of Pennsylvania · 1936
- Edelman's EstateSupreme Court of Pennsylvania · 1939
- Iacovino v. CaterinoSupreme Court of Pennsylvania · 1938
- Istocin's EstateSuperior Court of Pennsylvania · 1936
- Stephen's EstateSupreme Court of Pennsylvania · 1935
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