Hamlin v. Thomas
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE MONROE COUNTY. No. 56 January Term 1888, Sup. Ct.; court below, No. 20 December Term 1884, C. P. On November 26, 1884, Byron E. Hamlin, administrator d. b. n. c. t. a. of John Widmer, deceased, brought ejectment against Reuben Thomas, James T. Carmer, Benjamin Took and Julia, his wife, and Edward Nevil, to recover certain real estate in Stroudsburg. Issue.
Read the full summary
ERROR TO THE COURT OE COMMON PLEAS OE MONROE COUNTY. No. 56 January Term 1888, Sup. Ct.; court below, No. 20 December Term 1884, C. P. On November 26, 1884, Byron E. Hamlin, administrator d. b. n. c. t. a. of John Widmer, deceased, brought ejectment against Reuben Thomas, James T. Carmer, Benjamin Took and Julia, his wife, and Edward Nevil, to recover certain real estate in Stroudsburg. Issue. At the trial on October 7, 1886, the plaintiff showed that John Widmer, died seized of the premises in dispute on June 21, 1871, leaving a will dated June 2, 1870, duly admitted to probate, which…
1Opinion of the Court
Opinion,
Mu. Justice Mitchell :
John Widmer devised his homestead to his widow for life, and directed that upon her decease his executor should sell the same and pay over the proceeds to certain of his children. The executor sold during the lifetime of the widow, but with her consent. It appeared at the trial that the rest of the estate was not sufficient to pay the testator’s debts, and that the executor thought the best thing to do was to sell part of the homestead, so as to retain the dwelling-house for the widow, and in this she concurred. It is not, however, contended that the sale,…
2Cases cited3 opinions
- Brown & Sterrett's AppealSupreme Court of Pennsylvania · 1856
- Gast v. PorterSupreme Court of Pennsylvania · 1850
- Styer v. FreasSupreme Court of Pennsylvania · 1851
3Cited by4 opinions
- Hupp v. Union Coal & Coke Co.Supreme Court of Pennsylvania · 1925
- Estate of Sallie B. DingeeSuperior Court of Pennsylvania · 1933
- In re the Estate of BoltonNew York Surrogate's Court · 1974
- Knapp v. NissleySupreme Court of Pennsylvania · 1916