Legal Opinion

Person's Appeal

Supreme Court of Pennsylvania

Decided July 2, 1873PublishedCited by 2 opinions

Appeal from the Orphans’ Court of Lebanon county: No. 65, to May Term 1873. In the distribution of the personal estate of John Pearson, deceased. The decedent died intestate, having had children, all of whom died in his lifetime. One of them, Sarah Meiser, left one child, Thomas Meiser; another, William, left one child, Amanda Cherrington; a third, David, left three children: Milton M. Person, Magdalena M. Person, and Emma A.'Person.

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Appeal from the Orphans’ Court of Lebanon county: No. 65, to May Term 1873. In the distribution of the personal estate of John Pearson, deceased. The decedent died intestate, having had children, all of whom died in his lifetime. One of them, Sarah Meiser, left one child, Thomas Meiser; another, William, left one child, Amanda Cherrington; a third, David, left three children: Milton M. Person, Magdalena M. Person, and Emma A.'Person. The decedent left no other descendants in any degree. Magdalena Person, the widow of the intestate, survived him. The balance of personal estate in the hands of…

1Opinion of the Court

The opinion of the court was delivered, July 2d 1873, by

Mercur, J. —

John Person died intestate, leaving a widow and five grandchildren. His three children, Sarah, Amanda and David, all died prior to his death. Sarah and Amanda each left one child, and David left three children. These five grandchildren are the only living lineal descendants of the intestate, and are equally removed from him. The question presented is, whether, in the distribution of the estate of the intestate, the children of David are chargeable with advancements made to their father in his lifetime. If the intestate had…

2Cases cited4 opinions

  1. Levering v. RittenhouseSupreme Court of Pennsylvania · 1839
  2. Earnest v. EarnestSupreme Court of Pennsylvania · 1835
  3. M'Conkey v. M'ConkeySupreme Court of Pennsylvania · 1840
  4. Christy's AppealSupreme Court of Pennsylvania · 1858

3Cited by2 opinions

  1. Clement's EstateSupreme Court of Pennsylvania · 1894
  2. Jayne's EstatePennsylvania Court of Common Pleas · 1931

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