Shumate v. McGarity
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Cambria county: Of October and November Term 1876, No. 45. Ejectment by Elizabeth McGarity against James Shumate. Both parties claimed title under John McGarity, the plaintiff as his widow, and the defendant as the husb.and of his only child. McGarity died intestate on April 5th 1851; The plaintiff, his widow, immediately took out letters of administration on his estate.
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Error to the Court of Common Pleas of Cambria county: Of October and November Term 1876, No. 45. Ejectment by Elizabeth McGarity against James Shumate. Both parties claimed title under John McGarity, the plaintiff as his widow, and the defendant as the husb.and of his only child. McGarity died intestate on April 5th 1851; The plaintiff, his widow, immediately took out letters of administration on his estate. In 1865, after his estate had been settled, the widow procured an appraisement of the real estate in question under the Act of April 14th 1851; this appraisement (at $>250) was presented…
1Opinion of the CourtJustice Gordon
John McGarity, the husband of the plaintiff below, and father'of Mary E., wife of the defendant (plaintiff in error), died April 5th 1851. On the 10th of the same month, letters of administration were issued to Elizabeth, the widow, who proceeded in due course to settle the estate. For the period of fourteen years she laid by, and made no motion towards having set apart for her own use the widow’s allowance under the Act of 1850. On the 7th of June 1865, however, she caused the property in dispute to be appraised. By the appraisement so directed, which was confirmed by the court, June 1866,…
2Cited by4 opinions
- Appeal of KernsSupreme Court of Pennsylvania · 1888
- In re Reinstein's EstateSuperior Court of Pennsylvania · 1919
- In re McCauleyNew York Supreme Court · 1913
- Falvey's EstatePennsylvania Orphans' Court, Northampton County · 1930