Case of Hartman's Estate
Supreme Court of Pennsylvania
This was an appeal from the decree of the Circuit Court of Lehigh county, affirming the decree of the Orphans’ Court of that county, in relation to the’distribution of the estate of Jonas Hartman, deceased. Jonas Hartman, died about the year 1829, leaving no issue, but leaving a widow, a mother and brothers and sisters.
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This was an appeal from the decree of the Circuit Court of Lehigh county, affirming the decree of the Orphans’ Court of that county, in relation to the’distribution of the estate of Jonas Hartman, deceased. Jonas Hartman, died about the year 1829, leaving no issue, but leaving a widow, a mother and brothers and sisters. He was seized at the time of his death of a tract of land in Lehigh county, the title to which he derived in the following manner, viz: Jacob Hartman, the father of Jonas, was seized of the premises, and on the 6th of December, 1815, made his will, which after his decease, to…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
By the fifth and seventh sections of the act of 1794, the father or mother of an intestate succeeds to a portion of the inheritance, where it has not come “on the part of” the opposite parent; but in the eleventh section, which provides for the case of the half-blood, the exception is where “ such inheritance came to the said person, so seized, by descent, devise, or gift of some one of his ancestors ; in which case all those who are not of the blood of such ancestor, shall be excluded from such inheritance.” The difference in the…
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