Vanartsdalen v. Same
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Bucles county, and also an appeal from tbe decree of tbe Orphans’ Court. An ejectment bad been brought in tbe name of Rachel Yanartsdalen and others, minor children of Jane Eliza Yanartsdalen, deceased, by tbeir guardian, David Cornell, now plaintiffs in error, against George Yanartsdalen, defendant in error.
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Error to tbe Common Pleas of Bucles county, and also an appeal from tbe decree of tbe Orphans’ Court. An ejectment bad been brought in tbe name of Rachel Yanartsdalen and others, minor children of Jane Eliza Yanartsdalen, deceased, by tbeir guardian, David Cornell, now plaintiffs in error, against George Yanartsdalen, defendant in error. Adrian Cornell died in 1841, having made his will, in which inter alia, it was provided, “ I give, devise and bequeath to the children of my daughter, Jane Eliza Yanartsdalen, the farm of one hundred and ten and a half acres of land, lately purchased from the…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
— The act of 8th April, 1833, Dunlop 571, an act relating to last wills and testaments, provides, That every person competent to make a will, being the father of any minor child, unmarried, may devise the custody of such child, during his or her minority, or for any shorter period. From the words of the statute, an inference arises that no person, except the father, has authority to exercise that right, and such is the construction of the statute, Charles 2, ch. 21, sec. 8. Thus, it is ruled in Ex parte Edwards, 3 Athyns 519, that the…
2Cited by5 opinions
- Siebert v. BirdSuperior Court of Pennsylvania · 1982
- Campbell v. MansfieldMississippi Supreme Court · 1913
- Hewson's EstatePennsylvania Orphans' Court, Philadelphia County · 1932
- In Re Irrevocable Inter Vivos Trust, Etc.Superior Court of Pennsylvania · 1983
- Klein's EstatePennsylvania Orphans' Court, Berks County · 1940