Legal Opinion

Gillan's Executors v. Dixon

Supreme Court of Pennsylvania

Decided May 10, 1870No. 106PublishedCited by 13 opinions

Error to the Court of Common Pleas of Franklin county: No. 106, to May Term 1870. This was an amicable action of assumpsit, entered October 26th 1868, between William D. Dixon and Martha his wife in her right, and John Walker and Sarah Ann his wife in her right, plaintiffs, and William Gillan, John Gillan and Samuel H. Gillan, executors of William Gillan, deceased, defendants.

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Error to the Court of Common Pleas of Franklin county: No. 106, to May Term 1870. This was an amicable action of assumpsit, entered October 26th 1868, between William D. Dixon and Martha his wife in her right, and John Walker and Sarah Ann his wife in her right, plaintiffs, and William Gillan, John Gillan and Samuel H. Gillan, executors of William Gillan, deceased, defendants. Elizabeth Gillan, a daughter of the decedent, owned two notes, one for $1000, due by the commissioners of Franklin county, and one for $200, due by John Walker. She died in September 1866, intestate, unmarried and…

1Opinion of the Court

The opinion of the court was delivered, May 19th 1870, by

Agnew, J.

When Elizabeth Gillan died, her personal estate vested in her father and mother jointly and absolutely under the 3d section of the Act of 8th April 1833 relating to intestates. This interest of the father and mother -was a chose in action, enforceable only through administration upon the estate of Elizabeth. That their interest is joint in its nature has been held and is evident from the intent of the act: Frankenfield v. Gruver, 7 Barr 448; Hamm v. Meisenhelter, 9 Watts 349. Until distribution of the estate of Elizabeth and…

2Cases cited2 opinions

  1. Johnson v. HartSupreme Court of Pennsylvania · 1843
  2. Hamm v. MeisenhelterSupreme Court of Pennsylvania · 1840

3Cited by13 opinions

  1. Madden v. Glosztonyi Savings & Trust Co.Supreme Court of Pennsylvania · 1938
  2. Bramberry's EstateSupreme Court of Pennsylvania · 1893
  3. Wakefield v. WakefieldSuperior Court of Pennsylvania · 1942
  4. Runco Et Vir v. OstroskiSupreme Court of Pennsylvania · 1949
  5. Hoover v. PotterSuperior Court of Pennsylvania · 1910

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