Mentzer v. Menor
Supreme Court of Pennsylvania
ERROR to the common pleas of Franklin county. Joseph Menor and wife, for the use of Jacob Welsh, executor of Catherine Mentzer, against the administrator of Daniel Mentzer, with notice to Barbara Snowberger, terre-tenant. Scire facias sur recognizance and special verdict.
Read the full summary
ERROR to the common pleas of Franklin county. Joseph Menor and wife, for the use of Jacob Welsh, executor of Catherine Mentzer, against the administrator of Daniel Mentzer, with notice to Barbara Snowberger, terre-tenant. Scire facias sur recognizance and special verdict. David Mentzer died in 1818 intestate, seised in fee of a large real estate; a partition and valuation were had of the same, and in October 18.18, Daniel Mentzer, son of the intestate, took purpart third at the valuation, and entered into recognizance to the widow, Catherine, and' the other heirs, for their respective shares,…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.
The case stated, raises the question, whether in case a man dies intestate leaving lands and children and a widow, and the land is found not suitable for division, and is appraised and taken by one of the children at the appraisement, and he enters into recognizance to pay the interest, of one-third to the widow during her life, and the principal to the other heirs at her death, and also enters into another recognizance to pay the other heirs their respective shares of the other two-thirds within one year; and the child to whom the land is…
2Cases cited5 opinions
- Corporation for the Relief of Poor Distressed Presbyterian v. WallaceSupreme Court of Pennsylvania · 1831
- Willard v. NorrisSupreme Court of Pennsylvania · 1829
- Fisher v. KeanSupreme Court of Pennsylvania · 1832
- Herbaugh v. ZentmyerSupreme Court of Pennsylvania · 1828
- Knaub v. EsseckSupreme Court of Pennsylvania · 1834
3Cited by5 opinions
- Luther v. WagnerSupreme Court of Pennsylvania · 1884
- Vandever v. BakerSupreme Court of Pennsylvania · 1850
- Zeigler's AppealSupreme Court of Pennsylvania · 1860
- Kurtz's AppealSupreme Court of Pennsylvania · 1856
- Young v. PattersonSupreme Court of Pennsylvania · 1895