Legal Opinion

Sampson's Appeal

Supreme Court of Pennsylvania

Decided September 15, 1842PublishedCited by 7 opinions

APPEAL from the decree of the Orphans’ Court of Allegheny county, made in respect to the partition of the real estate of Thomas Sampson deceased, late of Wilkins township, Allegheny county, who died intestate in August 1833, seised of two tracts of land situate in Wilkins township, Allegheny county; one containing 300 acres bounded by lands of William M’Crea and others; the other containing 150 acres, bounded by lands of John Duff and others.

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APPEAL from the decree of the Orphans’ Court of Allegheny county, made in respect to the partition of the real estate of Thomas Sampson deceased, late of Wilkins township, Allegheny county, who died intestate in August 1833, seised of two tracts of land situate in Wilkins township, Allegheny county; one containing 300 acres bounded by lands of William M’Crea and others; the other containing 150 acres, bounded by lands of John Duff and others. At the time of his death he left a widow, who died about two weeks afterwards, and seven children, viz. John, Thomas, William, who died in 1836, after…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

— The partition made of the estate, in this case, by the sheriff and inquest, seems to be in conformity to the direction contained in the 38th Section of the Act of Assembly, passed the 29th MaVch 1832, entitled “An Act relating to Orphans’ Courts.” Pamph. Laws 202; Stroud’s Purd. (1841), p. 835. This enacts, that “ when equal partition in value cannot be made by the seven men appointed as aforesaid or the said inquest, they shall make a *88just appraisement of the respective purparts or shares, in which they may divide the estate, and…

2Cited by7 opinions

  1. Thompson v. StittSupreme Court of Pennsylvania · 1868
  2. Appeal of RawleSupreme Court of Pennsylvania · 1888
  3. Wistar's AppealSupreme Court of Pennsylvania · 1884
  4. Appeal of Louisa RankinSupreme Court of Pennsylvania · 1880
  5. Darrah's AppealSupreme Court of Pennsylvania · 1849

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