Lewis v. Pratt
Supreme Court of Pennsylvania
This was an appeal by Robert Lewis, from the Orphans’ Court of Delaware County, where certain proceedings had taken plaice in partition, under the following circumstances.
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This was an appeal by Robert Lewis, from the Orphans’ Court of Delaware County, where certain proceedings had taken plaice in partition, under the following circumstances. Azariah Lewis of Newtown township, in the county of Delaware, died on the second day of July, 1831, seized of the real estate which was the subject of the proceedings in this case, .and leaving a paper writing purporting to be his last will and testament, wherein the said real estate was devised to his són Robert Lewis the appellant in fee, subject to the payment of certain legacies, and also to certain privileges to his…
1Opinion of the Court
The opinion of the court was delivered by
Kennedy, J.
It is admitted that Azariah Lewis died seised of the land in question; but whether he died intestate as to it or not, is a matter of fact about which the parties are at issue: and certainly it is a question which ought to have been settled and known how it was, by the Orphans’ Court, before it proceeded to decree a partition of the land. For if A. Lewis died after having disposed of the land by a will, duly executed by him, he could not therefore be said to have died intestate as to it, whatever he might have done as to other lands of which…
2Cited by4 opinions
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- Rowland v. EvansSupreme Court of Pennsylvania · 1847
- Shields's AppealSupreme Court of Pennsylvania · 1853