Horam's Estate
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Jefferson county: Of October and November Term 1868, No. 127. In the court below George W. Horam, eldest son of John Horam, deceased, petitioned the Orphans’ Court setting forth that the decedent died about the 28th day of December, intestate, seized in fee of a messuage and tract of land, &c., containing 112 acres ; that he left a widow Mary Ann Horam and nine children (amongst whom were the petitioner, Elizabeth McNutt and Amanda Dean),…
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Appeal from the Orphans’ Court of Jefferson county: Of October and November Term 1868, No. 127. In the court below George W. Horam, eldest son of John Horam, deceased, petitioned the Orphans’ Court setting forth that the decedent died about the 28th day of December, intestate, seized in fee of a messuage and tract of land, &c., containing 112 acres ; that he left a widow Mary Ann Horam and nine children (amongst whom were the petitioner, Elizabeth McNutt and Amanda Dean), four being minors, and having said Mary Ann Horam, for their guardian: the petition prayed for an inquest to make…
1Opinion of the Court
The opinion of the court was delivered, October 29th 1868, by
Agnew, J.
It was decided in Rex v. Rex, 3 S. & R. 533, that according to the practice under the Act of 19th April 1794 it was unnecessary to give notice to the widow and heirs before awarding an inquest to make partition of the real estate of a decedent, on the petition of one of the heirs. Chief Justice Tilghman, however, recommended a change of practice, and that the Orphans’ Court should call the family before them prior to awarding an inquest. The suggestion was not generally adopted, and the former practice continued even after…
2Cited by1 opinion
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