Thomas v. Folwell
Supreme Court of Pennsylvania
An action was brought in this Court to December term, 1835, by Agnes Thomas, guardian of the person and estate of Mary Ann Allen, against William Folwell, jun., and Samuel N. Davis, executors of the will of Richard F. Allen, deceased; and a case was stated for the opinion of the Court as follows: “ Richard F. Allen, and Susan J. Allen, his wife, executed to Anthony J. Thomas, on the fourth day of December, 1829, a deed of trust as follows: ‘This Indenture made the first day…
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An action was brought in this Court to December term, 1835, by Agnes Thomas, guardian of the person and estate of Mary Ann Allen, against William Folwell, jun., and Samuel N. Davis, executors of the will of Richard F. Allen, deceased; and a case was stated for the opinion of the Court as follows: “ Richard F. Allen, and Susan J. Allen, his wife, executed to Anthony J. Thomas, on the fourth day of December, 1829, a deed of trust as follows: ‘This Indenture made the first day of June, 1829, between Richard F. Allen, of the city of Philadelphia, merchant, and Susan J. Allen, his wife, of the…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
We adhere to Lancaster v. Dolan, as an authority *16unopposed by any other to which we are bound to submit, and as a decision founded in convenience and reason. Either the judgment in that case was right, or the common law7 which suspends a wife’s power over her legal estate, is wfong. Her disability under either, is designed to protect her against the husband’s power—in the case of a settlement the mischief avowedly deprecated; yet the object is necessarily jeoparded in proportion to the extent of her own power. Why is a settlement ever made…
2Cited by26 opinions
- Cooke v. HusbandsCourt of Appeals of Maryland · 1857
- Radford v. CarwileWest Virginia Supreme Court · 1879
- Kimm v. WeippertSupreme Court of Missouri · 1870
- MacConnell v. LindsaySupreme Court of Pennsylvania · 1890
- Swift v. CastleIllinois Supreme Court · 1859
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