Neff's Appeal
Supreme Court of Pennsylvania
Appeal by Mary Neff, widow of Henry Neff, deceased, from the decree of the Orphans’ Court of York county, decreeing distribution of the proceeds of sale of the real estate of the said deceased, which had been sold under an order of the Orphans’ Court for the payment of debts. The time of the death of Neff was not stated on the paper-books; it was stated that he died after 26th April, 1850, insolvent, leaving a widow and children residing with him at his death.
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Appeal by Mary Neff, widow of Henry Neff, deceased, from the decree of the Orphans’ Court of York county, decreeing distribution of the proceeds of sale of the real estate of the said deceased, which had been sold under an order of the Orphans’ Court for the payment of debts. The time of the death of Neff was not stated on the paper-books; it was stated that he died after 26th April, 1850, insolvent, leaving a widow and children residing with him at his death. The inventory of his personal property amounted to $95.50, which the widow retained; she further claimed $204.50 out of the proceeds…
1Opinion of the Court
The opinion of the Court was delivered, by
Lewis, J.
— Can the widow and children of an insolvent debtor claim any portion of the proceeds of his real estate sold under an order of the Orphans’ Court for the payment of debts, where no election to retain either real or personal estate was made before the sale ? The most universal and effectual way of discovering the true meaning of a law when the words are dubious, is by considering the reason and spirit of it, or the cause which moved, the legislature to enact it: 1 Bl. Com. 61. The words of the Act of 1850 are not dubious in this particular.…
2Cited by20 opinions
- Commonwealth v. ScoleriSupreme Court of Pennsylvania · 1960
- Dixon's CaseSuperior Court of Pennsylvania · 1939
- Philadelphia, Baltimore & Washington R. R. v. Quaker City Flour Mills Co.Supreme Court of Pennsylvania · 1924
- Appeal of KernsSupreme Court of Pennsylvania · 1888
- Barnesboro Borough v. SpeiceSuperior Court of Pennsylvania · 1909
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