Legal Opinion

Turner v. Hauser

Supreme Court of Pennsylvania

Decided May 15, 1833PublishedCited by 5 opinions

ERROR to the court of common pleas of Schuylkill county. This was a case stated in the nature of a special verdict, in which David Hauser, administrator of Jacob Hauser deceased, was plaintiff below, and David Turner defendant. The following are the facts of the case.

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ERROR to the court of common pleas of Schuylkill county. This was a case stated in the nature of a special verdict, in which David Hauser, administrator of Jacob Hauser deceased, was plaintiff below, and David Turner defendant. The following are the facts of the case. On the 30th day of July 1814, in the orphan’s court of the said county of Schuylkill, a tract of land, situate in Westpenn township, late the estate of Jacob Hauser the elder (father of the plaintiff’s intestate), was by the said court adjudged to Jacob Hauser, the plaintiff’s intestate, at the appraised value thereof—the widow,…

1Opinion of the Court

The opinion of the Court was delivered by

Rogers, J.

When partition is made of an intestate’s real estate, and there is a widow living, and entitled to a part of the real estate during life, an estimate is made of the value of her part, which is apportioned in the manner prescribed by the act of the 7th of April 1807. On confirmation, the ascertained value is directed to remain a charge on the shares of the children or representatives, the interest of which the court orders to be annually and regularly paid to the *423widow. When there is a failure of payment, the interest of the widow may be…

2Cases cited1 opinion

  1. Leiper v. LevisSupreme Court of Pennsylvania · 1827

3Cited by5 opinions

  1. Vandever v. BakerSupreme Court of Pennsylvania · 1850
  2. Louden v. WaddleSupreme Court of Pennsylvania · 1881
  3. Knight v. Banes, Pennsylvania Court of Common Pleas, Philadelphia County1837
  4. Mansell's Estate, Pennsylvania Court of Common Pleas, Philadelphia County1849
  5. Zeigler's AppealSupreme Court of Pennsylvania · 1860

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