White v. Hart
Supreme Court of Pennsylvania
These causes came on to be tried at Newtown, for Bucks county, October assizes 1791, before M’KLean, Chief Justice and Yeates, Justice; after the evidence was gone through, a juror was withdrawn by consent, and the following case was stated for the opinion of the court, in bank.
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These causes came on to be tried at Newtown, for Bucks county, October assizes 1791, before M’KLean, Chief Justice and Yeates, Justice; after the evidence was gone through, a juror was withdrawn by consent, and the following case was stated for the opinion of the court, in bank. John Earles being seized in fee of a messuage and tract of land in the township of Warminster in the county of Bucks, containing 350 acres or thereabouts, made his last will and testament dated the 13th November 1773, and therein devised the residue of his estate to his three daughters, Mary, the wife of John Barnes,…
1Opinion of the Court
M’Kean C. J.
The question is, whether a feme covert seized of a real estate in fee, can in consequence of a power contained in articles executed between her husband and her before their marriage (the legal estate not having been conveyed to trustees) give away such estate by will, or instrument in nature of a will, during the coverture ?
The articles of the 29th June 1774, are therein called a deed tripartite, and the name of James Wallace is introduced into them as a party, along with Margaret Erwin and Matthew Henderson, and they are executed by all three; but no estate is thereby conveyed to…
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