Pauley v. Pauley
Supreme Court of Pennsylvania
ERROR to Mifflin county. William J. Jones, administrator of John Pauley deceased, against Thomas Pauley, with notice to terre-tenants.
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ERROR to Mifflin county. William J. Jones, administrator of John Pauley deceased, against Thomas Pauley, with notice to terre-tenants. Scire facias sur recognizance taken in the orphan’s court, to recover 126 dollars 11 cents secured to be paid to the plaintiff’s intestate upon the death of his mother, being his interest in his father’s estate, taken at the valuation by the eldest son'in 1807. The widow died on the 31st of July 1820. The objection to the plaintiff’s recovery was, that inasmuch as he had shown no debts to be due by the estate which he represented, there was no necessity for…
1Per curiam
The principle of this case was settled in Ferree v. The Commonwealth, 8 Serg. & Rawle 312, in which it was determined that until confirmation of the sale of a decedent’s land, the estates of the heirs in it are not divested; but that their interests in the pecuniary equivalents then substituted for them are transmuted into money. The principle is equally applicable to parts taken at a valuation, which is in substance a sale; and the wonder is that there should have been a doubt of it in the judgment of counsel. These interests, being money in substance and in form, can be recovered only by…
2Cases cited1 opinion
- Ferree v. Commonwealth ex rel. ElliottSupreme Court of Pennsylvania · 1822
3Cited by1 opinion
- Oudry-Davis v. FindleySuperior Court of Pennsylvania · 1916