Legal Opinion

Hart's Appeal

Supreme Court of Pennsylvania

Decided May 15, 1848PublishedCited by 8 opinions

Appeal by Daniel Hart, John Hart, Jacob Hart, and Catherine Hart, from the decree of the Court of Common Pleas of Lancaster county, in the matter of the distribution of the balance in the hands of Thomas Lloyd, committee of the person and estate of Caleb Evans, deceased, who was a lunatic, amongst his heirs and legal representatives. May 10. In 1838, Caleb Evans was duly found to be a lunatic, and that he had been so for the last fifteen years.

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Appeal by Daniel Hart, John Hart, Jacob Hart, and Catherine Hart, from the decree of the Court of Common Pleas of Lancaster county, in the matter of the distribution of the balance in the hands of Thomas Lloyd, committee of the person and estate of Caleb Evans, deceased, who was a lunatic, amongst his heirs and legal representatives. May 10. In 1838, Caleb Evans was duly found to be a lunatic, and that he had been so for the last fifteen years. In 1839, his committee petitioned the Court of Common Pleas for a sale of his land for the payment of his debts and for his maintenance; which was…

1Opinion of the Court

The opinion of the court was delivered by

Bell, J.

For the purposes of distribution, the fund in court is to be regarded as land (Lloyd v. Hart, 2 Barr), and, therefore, the question raised in this appeal is to be treated precisely as though Caleb Evans, the younger, had died seised of the estate, by the sale of which the fund was made.

By the express provision of the sixth section of the act of April 8, 1833, the half-brothers and sisters of the -intestate would have taken an estate in fee simple in the land, if not excluded by the operation of the ninth section. This provides “ that no person…

2Cases cited1 opinion

  1. Darlington v. GraySupreme Court of Pennsylvania · 1840

3Cited by8 opinions

  1. State Hospital for Criminal Insane v. Consolidated Water Supply Co.Supreme Court of Pennsylvania · 1920
  2. In Re the Estate of LittleWashington Supreme Court · 1986
  3. Gibson v. RowlandSuperior Court of Pennsylvania · 1908
  4. Philadelphia Saving Fund Society v. BethlehemSuperior Court of Pennsylvania · 1940
  5. Miller v. GrimesSupreme Court of Pennsylvania · 1918

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