In re the Inquisition of escheat of the estate of Desilver
Supreme Court of Pennsylvania
This case came before the Court on a writ of error to the Court of Common Pleas of Philadelphia county, in which it was a traverse of an inquisition of escheat, of the estate of Sarah Desilver, deceased,' taken on the 12th of November, 1829, and filed with the proceedings of the inquest on the 13th of November, 1829. The traverse was filed by the Rev. Thomas J. Kitts, and the Trustrees of the Second Baptist Church and congregation in Philadelphia.
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This case came before the Court on a writ of error to the Court of Common Pleas of Philadelphia county, in which it was a traverse of an inquisition of escheat, of the estate of Sarah Desilver, deceased,' taken on the 12th of November, 1829, and filed with the proceedings of the inquest on the 13th of November, 1829. The traverse was filed by the Rev. Thomas J. Kitts, and the Trustrees of the Second Baptist Church and congregation in Philadelphia. The inquest found that Sarah Desilver, died, on or about the 22d of June, 1828, intestate, without heirs or any known kindred, and that she was at…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
The authorities distinctly show that the feoffment and livery of a lunatic or madman, are not void but voidable, and that as they work a divesture of his seisin, they preclude the possibility of an escheat by his death, because seisin must be found by the inquest, as' well as a failure of heirs, devisees, or known kindred. His feoffee holds discharged, because an avoidance of the act would not restore the seisin of the lunatic, at the time of his death, which is essential toan escheat of his estate to the immediate lord of the fee. It is…
2Cases cited1 opinion
- Crawford v. CommonwealthSupreme Court of Pennsylvania · 1833
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- McAnaw v. TiffinSupreme Court of Missouri · 1898
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