Watson's Appeal
Supreme Court of Pennsylvania
From the Orphans’ Court of Mercer county. Oet. 9. 'Watson, as administrator of Perkenpine, having settled his account, the matter was referred to an auditor, who charged him with the amount received on account of a pension granted by the United States, to his intestate as widow of an officer of the revolutionary army. The charge was made with a statement by the auditor, that it was not assets for payment of debts.
1Opinion of the CourtBurnside, J.
If the act of Congress of the 19th June, 1840, is regarded, I think the court was wrong in charging the administrator with the pension granted to Mrs. Perkenpine, as the widow of her former husband, Colonel Hubley of the revolutionary army, and which he received after her death. The pension was not subject to her debts, and was, by the act of Congress, the exclusive property of the children of the pensioner: Pamph. Laws of 1840, p. 25. It was not assets of the estate in the hands of the administrator; it was received by him for the rise of the children of Colonel Hubley, and received as…
2Cases cited1 opinion
- Trustees of Jacobs v. BullSupreme Court of Pennsylvania · 1833