Musser v. Curry
U.S. Circuit Court for the District of Pennsylvania
The plaintiff [the lessee of Musser] claimed as heir at law of John E. Allen, and fully established his title as such. The defendant was the husband of Susanna Allen, the natural daughter of John E. Allen, and claimed the property in dispute, under the will of Allen, as tenant by the courtesy; his wife, and the child he had by her, being dead.
Read the full summary
The plaintiff [the lessee of Musser] claimed as heir at law of John E. Allen, and fully established his title as such. The defendant was the husband of Susanna Allen, the natural daughter of John E. Allen, and claimed the property in dispute, under the will of Allen, as tenant by the courtesy; his wife, and the child he had by her, being dead. It was conceded, by the plaintiff’s counsel, that the clause in the will, -under which the defendant claimed, passed, to his late wife an estate of inheritance; but it was denied that the will operated on the property in question, as it was acquired…
1Opinion of the Court
WASHINGTON, Circuit Justice.
The register is authorized, by the law of Pennsylvania, to receive the probate of wills; and copies of such wills and probates, under the public seals of the courts, or offices, where the same shall have been taken, or granted, if in force, are declared to be matters of record, and good evidence to prove the devise thereby • made. The authority of the register being general to take the probate of wills, extends as well to the re-publication as to the publication of a will. The will, in relation to after acquired property, is a new will, by virtue of the…
2Cited by4 opinions
- Newton v. Seaman's Friend SocietyMassachusetts Supreme Judicial Court · 1881
- Wallace v. BlairSupreme Court of Pennsylvania · 1854
- In re the probate of the last will & testament of SimpsonNew York Surrogate's Court · 1878
- Campbell v. JamisonSupreme Court of Pennsylvania · 1848