Kerper v. Hoch
Supreme Court of Pennsylvania
ERROR to the court of common pleas of Berks county. In this case, Jacob Gosler, whose father died intestate, had taken certain parts of the real estate of the intestate, Nos. 1, 4 and 6, according to a partition and valuation which had been made of it, under a writ issued for that purpose out of the orphan’s court of Berks county; and had entered into recognizance, to pay to the widow of the deceased the interest annually upon one third of the valuation money during her…
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ERROR to the court of common pleas of Berks county. In this case, Jacob Gosler, whose father died intestate, had taken certain parts of the real estate of the intestate, Nos. 1, 4 and 6, according to a partition and valuation which had been made of it, under a writ issued for that purpose out of the orphan’s court of Berks county; and had entered into recognizance, to pay to the widow of the deceased the interest annually upon one third of the valuation money during her life, and to pay to the other children, four in number, their respective portions of two thirds of the valuation, in one…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
Three errors have been assigned. There, is, however, butonequestioninvolved in the case, and upon that the cause has been argued by the counsel. Does the fourth section of the act of 4th April 1797, entitled an act supplementary to the act directing the descent of intestate’s real estate, &c., discharge the lands of deceased persons from liability to the payment of their debts after a lapse of seven years from the death of the debtors, in case no suit is commenced, or act done as therein required, in order to continue such debts a lien upon…
2Cases cited3 opinions
- Bank of North America v. FitzsimonsSupreme Court of Pennsylvania · 1811
- Kauffelt v. BowerSupreme Court of Pennsylvania · 1821
- Bruch v. LantzSupreme Court of Pennsylvania · 1830
3Cited by23 opinions
- Kirk v. Van HornSupreme Court of Pennsylvania · 1920
- Bindley's AppealSupreme Court of Pennsylvania · 1872
- Cooper's EstateSupreme Court of Pennsylvania · 1903
- Smith v. WildmanSupreme Court of Pennsylvania · 1896
- Fetterman v. MurphySupreme Court of Pennsylvania · 1835
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