Hamilton v. Buckwalter
Supreme Court of Pennsylvania
Dower o£ one messuage, one barn one orchard, six acres of meadow, 90 acres of arable land, and 204 acres of wood-land, in Lampeter township, in Lancaster county.
Read the full summary
Dower o£ one messuage, one barn one orchard, six acres of meadow, 90 acres of arable land, and 204 acres of wood-land, in Lampeter township, in Lancaster county. The tenant pleaded, that John Patton, the late husband of the demandant, devised to her all his lands in Lampeter township, to hold during her natural life of widowhood, she making no waste thereon; but in case she married, then she was to leave the plantation, on receiving 50/., a horse and saddle, with her bed and bed clothes, in lieu and satisfaction of her dower; also, a release of demandant’s dower. The demandant replied,…
1Opinion of the CourtM’Kean, C. J.
stated the case and will at full length, and then observed in substance as follows:
It appears that all the testator’s lands in Lumpeter township were devised to the widow, during her natural life of widowhood; and the rest of his lands were devised to Robert Patton, the eldest son, for six years. These devises are entirely inconsistent with the claim of dower. The widow could not hold the lands in Lampeter township under the will, and the eldest son hold the residue of the lands,while she held in dower the one third part of both tracts, at common law. The will provides expressly, that incase…
2Cited by6 opinions
- Adams v. StoreyIllinois Supreme Court · 1890
- Kennedy v. NedrowSupreme Court of the United States · 1789
- Zimmerman v. LeboSupreme Court of Pennsylvania · 1892
- Corriell v. HamSupreme Court of Iowa · 1856
- Shelley's EstateSupreme Court of Pennsylvania · 1926
1 more not listed; retrieve them via the Exa API.