Nokes v. Smith
Supreme Court of Pennsylvania
This cause came on to trial on the 31st March 1792, when a verdict was taken for the plaintiff, subject to the opinion of the court on the following case.
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This cause came on to trial on the 31st March 1792, when a verdict was taken for the plaintiff, subject to the opinion of the court on the following case. John Hunt died seized of the lands in question, but not having taken the oath or affirmation of allegiance, was disabled from making a will, by the act ‘ ‘ for the further security “of the government,” passed April 1st, 1778. He left issue, one son and two daughters; and appointed Rachael Hunt and Henry Hale Graham, his executors. His son, some years after his death, sold the premises, for a valuable consideration, to William M’Cullough,…
1Opinion of the Court
M’Kean C. J.
The rules in England do not apply to the * case now before us. Our own acts of assembly must determine the question.
On the first settlement of the province, it was established, that the lands of deceased persons should be liable to the payment of their debts. This continued until the act of 4th Annse, when a provision was made by the legislature as to the mode, by which the surplus of real estates was to be divided, after payment of debts and funeral expences. In the infancy of the province, the bulk of the property consisted of lands; personal property bore but a small proportion…
2Cases cited2 opinions
- Tryon v. MunsonSupreme Court of Pennsylvania · 1875
- Rowland v. HarbaughSupreme Court of Pennsylvania · 1836
3Cited by9 opinions
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- Tryon v. MunsonSupreme Court of Pennsylvania · 1875
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- Kirk v. Van HornSupreme Court of Pennsylvania · 1920
- Hall v. BrewerSupreme Court of Arkansas · 1883
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