Towers v. Hagner
Supreme Court of Pennsylvania
This was an action of assumpsit brought by Mary Towers against Charles Hagner, executor of the will of John Towers, her deceased husband, to recover certain sums of money alleged to have been lent and advanced to the testator in his lifetime, or to have been received by him to her use.
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This was an action of assumpsit brought by Mary Towers against Charles Hagner, executor of the will of John Towers, her deceased husband, to recover certain sums of money alleged to have been lent and advanced to the testator in his lifetime, or to have been received by him to her use. On the trial before Kennedy, J., at the Nisi Prius, in November, 1837, the case appeared to be as follows : Previously to the marriage of Mrs; Towers with the testator, which took place in 1823, a settlement was made of her property by a conveyance to a trustee, in trust, for her separate use during her life,…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
This was an action on the case, brought by Mary Towers against the executors of her deceased husband, John Towers, to recover money lent to him during the coverture. Mr. Justice Kennedy charged the jury, that by the marriage, without the intervention of an agreement, the husband acquired an absolute right to the possession of his wife’s real estate, and an absolute right of property to all her personal estate, including her money, or right to claim money reduced into possession. • But although the husband, by the mere operation of law, became…
2Cases cited2 opinions
- Hoover v. Samaritan SocietySupreme Court of Pennsylvania · 1839
- Withers v. GillespySupreme Court of Pennsylvania · 1821
3Cited by19 opinions
- McGinnis v. CurryWest Virginia Supreme Court · 1878
- Renick v. LudingtonWest Virginia Supreme Court · 1882
- Atlantic National Bank v. TavenerMassachusetts Supreme Judicial Court · 1881
- Fowle v. TorreyMassachusetts Supreme Judicial Court · 1883
- Pillow v. SentelleSupreme Court of Arkansas · 1887
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