Poundstone v. Everly
Supreme Court of Pennsylvania
Appeal by Mary Everly, widow, from the decree of the Orphans’ Court of Fayette county. Petition for partition of the real estate of Jacob Everly, deceased, being a farm of 73 acres, among his widow and collateral heirs, he having left no issue.
Read the full summary
Appeal by Mary Everly, widow, from the decree of the Orphans’ Court of Fayette county. Petition for partition of the real estate of Jacob Everly, deceased, being a farm of 73 acres, among his widow and collateral heirs, he having left no issue. There were four inquisitions returned in this case ; three of them allotting to the widow one-half of the land including the mansion-house, which were all set aside; and a fourth appraising the whole land for sale, which was confirmed. The ground taken by the court in setting aside the first inquisitions was, that the widow was not entitled to have her…
1Opinion of the Court
The opinion of the court was delivered, by
Lowrie, J.
The Act of 8th April, 1833, relating to the descent and distribution of intestates’ estate, § 1, expressly declares that, in such a case as this, the widow shall have “ one-half of the real estate including the mansion-house and buildings appurtenant thereto, for the term of her natural life.” This is not only saying how much she shall have, but where it shall be laid oil' to her by the court; and the inquisitions being in conformity with this, one of them ought to have been confirmed.
It is certainly an inconvenience in such a proceeding…
2Cases cited2 opinions
- Seider v. SeiderSupreme Court of Pennsylvania · 1840
- Bishop's AppealSupreme Court of Pennsylvania · 1844
3Cited by3 opinions
- Caldwell v. SnyderSupreme Court of Pennsylvania · 1896
- Baltimore Gas & Electric Co. v. BowersCourt of Appeals of Maryland · 1989
- Sanders's EstateSuperior Court of Pennsylvania · 1909