Thomas v. Simpson
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Centre county. May 27. This was an action of dower unde nihil habet, brought by Elizabeth Simpson, late Elizabeth Smith, widow of James Smith, deceased, the defendant in error and plaintiff below, against William A. Thomas, the'defendant below and plaintiff in error.
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Error to the Court of Common Pleas of Centre county. May 27. This was an action of dower unde nihil habet, brought by Elizabeth Simpson, late Elizabeth Smith, widow of James Smith, deceased, the defendant in error and plaintiff below, against William A. Thomas, the'defendant below and plaintiff in error. James Smith, the former husband of the said Elizabeth, died seised, inter alia, of the tract of land in question, containing some four hundred acres, with a grist-mill, saw-mill, dwelling-house, &c., thereon erected, &c., in the year 1808, having first made his last will and testament, in and…
1Opinion of the CourtRogers, J.
Of the many errors assigned, it is necessary to notice but two, namely,
1. Whether an action of dower can be maintained.
2. Whether James Smith, the younger, acquired any right or title from the purchase of the interest of Michael T. Simpson, and the sheriff’s deed of the 28th of August, 1823. The decision of these points disposes of the whole case.
The 2d August, 1808, (proved the 2d January, 1809,) James Smith, the elder, made his last will and testament, which, among other things, contains the following provisions. 1st. He directs his personal property, except so much as Mrs. Smith wishes to…
2Cases cited3 opinions
- Carkhuff v. AndersonSupreme Court of Pennsylvania · 1810
- Shaupe v. ShaupeSupreme Court of Pennsylvania · 1824
- Galbraith v. GreenSupreme Court of Pennsylvania · 1824
3Cited by3 opinions
- Gordon v. ReesSuperior Court of Pennsylvania · 1944
- Billiard's EstatePennsylvania Orphans' Court, Philadelphia County · 1940
- Reagan EstatePennsylvania Orphans' Court, Fayette County · 1950