Roberts's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Fulton county. This was an appeal by Nancy Roberts from the decree of the Orphans’ Court, distributing the balance in the hands of George A. Smith, administrator of Henry Roberts, deceased. Henry Roberts, the grandfather of the intestate, devised a tract of land in Fulton county to his son Jacob, charged with sundry legacies to other children of the testator.
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Appeal from the Orphans’ Court of Fulton county. This was an appeal by Nancy Roberts from the decree of the Orphans’ Court, distributing the balance in the hands of George A. Smith, administrator of Henry Roberts, deceased. Henry Roberts, the grandfather of the intestate, devised a tract of land in Fulton county to his son Jacob, charged with sundry legacies to other children of the testator. Jacob accepted the devise, took possession of the land, and paid part of the said legacies. He afterwards died intestate, seised of said land, leaving a widow, Nancy Roberts, the appellant, and one…
1Opinion of the Court
The opinion of the court was delivered,
by Woodward, J.
We entertain no doubt that the proviso found in the 9th section of our Intestate Act of 1833, applies to all of the “ cases before mentioned in the act,” as well those that are enumerated in the 5th section as those of the 7th section. This proviso is a legislative recognition of the general common law principle of descents, that inheritable blood is only such as flows from the perquisitor of the estate. The nature of the principle, and the terms in which it stands incorporated in our system of intestacy, alike demand that it should be…
2Cases cited1 opinion
- Maffit v. ClarkSupreme Court of Pennsylvania · 1843
3Cited by1 opinion
- Appeal of NyeSupreme Court of Pennsylvania · 1889