Selfridge's Appeal
Supreme Court of Pennsylvania
APPEAL from the decree of the Orphans’ Court of Hunting-don county. In 1812 John Ramsey made his will, which was then proved, by which he appointed two of his sons and a third person to be his executors, and devised to them his real estate, to be sold, and the proceeds to be divided among his children as therein stated.
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APPEAL from the decree of the Orphans’ Court of Hunting-don county. In 1812 John Ramsey made his will, which was then proved, by which he appointed two of his sons and a third person to be his executors, and devised to them his real estate, to be sold, and the proceeds to be divided among his children as therein stated. The executors went into the possession of the estate, and continued to hold and use it for the benefit of the family until 1843, when some of the children having become insolvent, their interest in the estate was levied and sold to William Selfridge, who instituted a…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The act of 1840 extends the jurisdiction of the Orphans’ Court, in partition, to estates held jointly or in common, *56•which have been created by will when the parties, or any of them, are infants; and to cases where the descent has not been altered or interrupted, though the decedent did not die absolutely intestate. The latter provision was, perhaps, superfluous; for wherever exactly the same interest passes by the law that would pass by the will, the devisee takes by descent, and the testator may be said, in language strictly technical,…
2Cases cited2 opinions
- Morrow ex rel. Isett v. BrenizerSupreme Court of Pennsylvania · 1828
- Allison v. Wilson's ExecutorsSupreme Court of Pennsylvania · 1825
3Cited by4 opinions
- Kinney v. GlasgowSupreme Court of Pennsylvania · 1866
- Vowinckel v. PattersonSupreme Court of Pennsylvania · 1886
- Cowan's AppealSupreme Court of Pennsylvania · 1873
- In re Estate of BirthPennsylvania Orphans' Court, Luzerne County · 1873