Legal Opinion

Paul's Executors v. Paul

Supreme Court of Pennsylvania

Decided July 1, 1860PublishedCited by 5 opinions

Appeal in Equity from the Common Pleas of Bucks county. ' This was a bill in equity by Nathaniel F. Kinsey and Stephen Foulke, executors of Mary Paul, deceased, against Joseph Paul, for the specific performance of an agreement to pay to their testatrix, the sum of $200 The bill set forth that Joseph Paul, the husband of the plaintiff’s testatrix, was, in his lifetime, and while he was married to the said Mary Paul, seised in fee of a certain tract of about 120 acres of land…

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Appeal in Equity from the Common Pleas of Bucks county. ' This was a bill in equity by Nathaniel F. Kinsey and Stephen Foulke, executors of Mary Paul, deceased, against Joseph Paul, for the specific performance of an agreement to pay to their testatrix, the sum of $200 The bill set forth that Joseph Paul, the husband of the plaintiff’s testatrix, was, in his lifetime, and while he was married to the said Mary Paul, seised in fee of a certain tract of about 120 acres of land in Bucks county, and died seised of the same; that by his last will and testament, he devised the said farm to his…

1Opinion of the Court

The opinion of the court was delivered by

Read, J.

By the 11th section of the Act of 8th April 1833, relating- to last wills and testaments, it is enacted “ that a devise or bequest by a husband to his wife, of any portion of his estate or property, shall be deemed and taken to be in lieu and bar of her dower, in the estate of such testator, in like manner as if it were so expressed in the will, unless such testator shall, in his will, declare otherwise: provided, that nothing herein contained shall deprive the widow of her choice, either of dower, or of the estate or property so devised or…

2Cases cited1 opinion

  1. Sandback v. QuigleySupreme Court of Pennsylvania · 1839

3Cited by5 opinions

  1. McCutcheon's EstateSupreme Court of Pennsylvania · 1925
  2. Buckland's EstateSupreme Court of Pennsylvania · 1913
  3. Mann v. MannSuperior Court of Pennsylvania · 1920
  4. Trezak v. JierskiSuperior Court of Pennsylvania · 1995
  5. Harrier v. Harrier, Pennsylvania Court of Common Pleas, Blair County1947

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