Webb v. Evans
Supreme Court of Pennsylvania
T HIS was an appeal from a decision of the Chief Justice at á circuit court for Lancaster in May 1807. Webb and wife, who was formerly the wife of Isaac Evans deceased, demanded of William and Isaac Evans, (the former of whom died after action brought) the reasonable dower of the wife in one messuage, one barn, and three hundred acres of land more oi less, as of the endowment of the said Isaac Evans, her late husband, whereof she had nothing.
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T HIS was an appeal from a decision of the Chief Justice at á circuit court for Lancaster in May 1807. Webb and wife, who was formerly the wife of Isaac Evans deceased, demanded of William and Isaac Evans, (the former of whom died after action brought) the reasonable dower of the wife in one messuage, one barn, and three hundred acres of land more oi less, as of the endowment of the said Isaac Evans, her late husband, whereof she had nothing. The defendant pleaded, 1st a devise and acceptance by the widow in satisfaction of dower; 2d, a forfeiture by waste; and 3d, a release. Issue was taker…
1Opinion of the Court
Ye ates J.
This is an appeal from the decision of the circuit court of Lancaster wherein a verdict passed for the plaintiffs and the court overruled a motion for a new trial. The question arises on the will of Isaac Evans, whether the widow, accepting the devises therein expressed to her, is thereby barred from recovering dower in the lands devised to her son Isaac.
The will is dated 29th of November 1781, and is in these words. [His Honor here referred to the material clauses of the will.]
A variety of cases, upon this subject, occur in the English books. At law it is fully agreed that when the…
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