Clark v. Clark
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Washington county. Joseph Henderson, administrator of Grace Clark, against Josiah Clark. Grace Clark, the plaintiff’s intestate, charging her husband, Josiah Clark, the defendant, with adultery, obtained a divorce a mensa et thoro, and the court decreed that he. should pay her one dollar a week until the next term: at the next term the court made another decree for the payment of the same sum for another period: and, eventually, the court decreed…
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ERROR to the Common Pleas of Washington county. Joseph Henderson, administrator of Grace Clark, against Josiah Clark. Grace Clark, the plaintiff’s intestate, charging her husband, Josiah Clark, the defendant, with adultery, obtained a divorce a mensa et thoro, and the court decreed that he. should pay her one dollar a week until the next term: at the next term the court made another decree for the payment of the same sum for another period: and, eventually, the court decreed the payment of the same sum until the parties should become reconciled. After the lapse of three years, Josiah Clark…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
A husband who-survives his wife, by the Act of the 8th April 1833, is entitled to take her whole personal estate, and in England, to her property not reduced into possession, as her administrator. Even in this State, notwithstanding the Act cited, the proper mode of recovering her choses in action will be in the capacity of administrator. But although the husband may, yet he is not bound to take out letters, as he may waive the right to the administration in favour of a third person, who will be a trustee of the assets for the benefit of the…
2Cases cited1 opinion
- Howard v. HowardMassachusetts Supreme Judicial Court · 1818
3Cited by17 opinions
- Campbell v. CampbellWisconsin Supreme Court · 1875
- State Ex Rel. Everette v. PettewaySupreme Court of Florida · 1938
- Bouslough v. BousloughSupreme Court of Pennsylvania · 1871
- Martin v. MartinWest Virginia Supreme Court · 1890
- McCraney v. McCraneySupreme Court of Iowa · 1857
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