Hitner's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Orphans’ Court of Philadelphia, confirming the report of the auditor distributing the estate of Isaac Boyd, deceased. Isaac Boyd, the decedent, married Annie R. Murray in August 1858. In May 1859 Joseph P. P. Boyd, a son, was born. Mr. Boyd owned a large estate in Cuba, and spent much of his time there, both before and after his marriage.
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Appeal from the decree of the Orphans’ Court of Philadelphia, confirming the report of the auditor distributing the estate of Isaac Boyd, deceased. Isaac Boyd, the decedent, married Annie R. Murray in August 1858. In May 1859 Joseph P. P. Boyd, a son, was born. Mr. Boyd owned a large estate in Cuba, and spent much of his time there, both before and after his marriage. On the 7th of November 1860, an indenture “ between Isaac Boyd and Annie R. Boyd his wife, of the one part, Daniel R. Erdman * * of the second part, and the said Annie R. Boyd * * the third part,” was executed. The deed recited…
1Opinion of the Court
The opinion of the court was delivered, by
Read, J.
In Wilson v. Wilson, 5 House of Lords Cases 59, Lord St. Leonards said, “ As regards the point of law I think there ought to be no doubt, and can be no doubt now entertained as to how that stands. It is perfectly and clearly settled and' now only to be reversed by Act of Parliament, that deeds of separation may and must, if they are properly framed, be carried into execution by the courts of this country. There is no question at all about that.” After explaining a misapprehension as to some expressions used by Lord Cottenham, he said, “ I only…
2Cases cited2 opinions
- Stein v. BowmanSupreme Court of the United States · 1839
- Post v. AverySupreme Court of Pennsylvania · 1843
3Cited by21 opinions
- Zlotziver v. ZlotziverSupreme Court of Pennsylvania · 1946
- Miller v. MillerSupreme Court of Pennsylvania · 1925
- Commonwealth v. RichardsSupreme Court of Pennsylvania · 1890
- Ray's EstateSupreme Court of Pennsylvania · 1931
- Haile v. HaleSupreme Court of Oklahoma · 1913
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