Wintercast v. Smith
Supreme Court of Pennsylvania
Error to the District Court for the City and County of Philadelphia. Margaret Wintercast the mother of Elizabeth Smith, the plaintiff below, and defendant in error, by her last will dated May 1st, 1827, authorised and empowered her executors to sell her real estate and divide the proceeds equally among her children. Her daughter, Elizabeth, the plaintiff below, was married in the year 1806 to Henry Smith, and had by him five children.
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Error to the District Court for the City and County of Philadelphia. Margaret Wintercast the mother of Elizabeth Smith, the plaintiff below, and defendant in error, by her last will dated May 1st, 1827, authorised and empowered her executors to sell her real estate and divide the proceeds equally among her children. Her daughter, Elizabeth, the plaintiff below, was married in the year 1806 to Henry Smith, and had by him five children. In the year 1819, he deserted his wife and family and had not been heard of since. The testatrix died in the year 1828. The defendants below, who were her…
1Opinion of the Court
After argument by Keemle for the plaintiffs in error, and Armstrong for the defendant in error, the opinion of the court was delivered by
Kennedy, J.
This case has been brought up by a writ of error to the judges of the District Court of the city and county of Philadelphia. It is an action on the case commenced there by the defendant in error against the plaintiffs in error, to recover from them one fifth part of the moneys arising from a sale of the real estate, late of Margaret Wintercast, made by the plaintiffs in error as the executors of the last will of the said Margaret, which she…
2Cases cited5 opinions
- Draper v. JacksonMassachusetts Supreme Judicial Court · 1820
- Marsteller v. FawU.S. Circuit Court for the District of District of Columbia · 1803
- Morrow ex rel. Isett v. BrenizerSupreme Court of Pennsylvania · 1828
- Griswold v. PennimanSupreme Court of Connecticut · 1818
- Shuttlesworth v. NoyesMassachusetts Supreme Judicial Court · 1811
3Cited by11 opinions
- Muir v. MuirCourt of Appeals of Kentucky · 1906
- United States v. EspinozaCourt of Appeals for the Tenth Circuit · 2001
- Fink v. HakeSupreme Court of Pennsylvania · 1837
- Berry v. TeelSupreme Court of Rhode Island · 1879
- Bird v. VailSupreme Court of Louisiana · 1854
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