Hadesty v. Hadesty

Opinion by

Mb. Justice Schaffer,

This is an action of assumpsit brought by the administrator d. b. n. c. t. a. of the estate of James M. Hadesty against Ella H. Hadesty to recover $33,000 which she received from the sale of real estate devised to her by her husband, P. Harry Hadesty. There are several obstacles to recovery by plaintiff.

The facts are not in dispute. The case was tried on admissions in the pleadings. No verbal testimony was offered on either side.

James M. Hadesty died testate March 10, 1903, seized of the property, the proceeds of the sale of which gives rise to this controversy.…