Wilson v. Hamilton
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lancaster county. This was an action for money had and received,, brought by the plaintiff below, John Hamilton, administrator cum testamento annexo of Jane Wilson, deceased, of Lancaster township, Lancaster county. Jane Wilson was the widow of John Wilson, the testator, who died in 'October 1799, and the defendant was his son.
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Error to the Court of Common Pleas of Lancaster county. This was an action for money had and received,, brought by the plaintiff below, John Hamilton, administrator cum testamento annexo of Jane Wilson, deceased, of Lancaster township, Lancaster county. Jane Wilson was the widow of John Wilson, the testator, who died in 'October 1799, and the defendant was his son. By his last will, dated the 31st day of August, in the year 1789, after ordering that all his just debts and funeral charges should be paid out of his personal estate, he devised to the defendant the plantation he then lived on,…
1Opinion of the Court
The opinion of the court was delivered by
Dukcan, J.
That-the executor, in this state, has always been considered as a trustee of the next of kin, as to all the residue of personal property undisposed of by the testator, was.settled between these very parties, and a recovery had by the testatrix in .her life time. '■ '
To this second action,, the defendant below.has interposed, first the plea of former recovery; secondly, an election by the plaintiff not to claim under the will, but her dower at the common law; established, as he contends, by two writs of dower; one against John Wilson, the…
2Cases cited1 opinion
- Hess v. HeebleSupreme Court of Pennsylvania · 1820
3Cited by4 opinions
- Kerr v. GilmoreSupreme Court of Pennsylvania · 1837
- Carmony v. HooberSupreme Court of Pennsylvania · 1847
- Croft v. SteeleSupreme Court of Pennsylvania · 1837
- People ex rel. Barry v. MerceinNew York Supreme Court · 1842