Boose's Appeal
Supreme Court of Pennsylvania
Appeal of Henry Boose, surviving administrator of Peter Boose, deceased, from the decree of the Orphans’ Court of York county, 'distributing the estate of said deceased. Peter Boose died in 1835, and letters of administration on his estate were granted in the same year to Henry Boose and Andrew Neiman. On the 12th of September, 1837, an order was granted by the Orphans’ Court to the administrators to sell the real estate for the purpose of paying debts.
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Appeal of Henry Boose, surviving administrator of Peter Boose, deceased, from the decree of the Orphans’ Court of York county, 'distributing the estate of said deceased. Peter Boose died in 1835, and letters of administration on his estate were granted in the same year to Henry Boose and Andrew Neiman. On the 12th of September, 1837, an order was granted by the Orphans’ Court to the administrators to sell the real estate for the purpose of paying debts. They sold to David Meisenhelter, who was then married to the widow, for the sum of $5757.07-|-; and the Court confirmed the sale. The…
1Opinion of the Court
The opinion of the Court was delivered, by
Lowrie, J.
This case has its origin in 1837, and therefore depends, for its ruling principles, on the law of husband and wife as it stood before the Act of 1848. This wife became entitled to the annual interest of a sum of money, proceeds of land of a former husband, as a substitute for dower, and the administrators of the former husband intrusted the present husband with the sum, out of which the interest arises, he engaging to pay his wife the interest during life, and at her death to refund the principal. The husband has used up the principal and…
2Cases cited1 opinion
- Roberts v. WilliamsSupreme Court of Pennsylvania · 1840