Legal Opinion

Estate of Hinds

Supreme Court of Pennsylvania

Decided January 13, 1840PublishedCited by 17 opinions

APPEAL This was an appeal from a ‘decree of the Orphans* Court of Northampton County, in the -matter of the settlement of the accounts of Elizabeth Hinds, administrator -of the goods of Benjamin Hinds, deceased.

Read the full summary

APPEAL This was an appeal from a ‘decree of the Orphans* Court of Northampton County, in the -matter of the settlement of the accounts of Elizabeth Hinds, administrator -of the goods of Benjamin Hinds, deceased. The circumstances of the case appear to have been as follows: Benjamin Hinds, the intestate, was married in the year 1809 to1 Elizabeth . Dehling, widow of John A. Dehling, who bad died seized of a lot of ground in the borough of Easton, and possessed of some personal property, -all of which he devised and bequeathed to the said Elizabeth. No written contract or marriage settlement…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. J.

Much of the confusion to be found in the books on the subject of a husband’s power over his wife’s choses in action, has arisen from viewing reduction into possession as identical with conversion to his use, and not as evidence of it. That it is evidence of it, and exceedingly powerful, must be admitted; yet it is no more. Were it very conversion, it could not be qualified; but it is well settled that the effect of it depends on the intent with which it is accompanied: and that it operates a conversion, or not, as it happens or not, to be…

2Cited by17 opinions

  1. Little v. BirdwellTexas Supreme Court · 1858
  2. Fowle v. TorreyMassachusetts Supreme Judicial Court · 1883
  3. Commonwealth v. TurnerSupreme Court of Pennsylvania · 1940
  4. Young v. WilkinsonTennessee Supreme Court · 1858
  5. Vreeland v. SchoonmakerNew Jersey Superior Court Appellate Division · 1863

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API