Legal Opinion

George's Appeal

Supreme Court of Pennsylvania

Decided September 15, 1849PublishedCited by 12 opinions

From the Orphans’ Court of Westmoreland. The petition of one Cavett, one of the heirs of McKean, set forth his death, leaving three brothers, Robert being one, a sister, and the issue of another sister, his heirs. That he died seised of 160 acres, and that. Robert,.who had since died, had aliened his interest to Hartford. Partition was prayed, and an inquest awarded.

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From the Orphans’ Court of Westmoreland. The petition of one Cavett, one of the heirs of McKean, set forth his death, leaving three brothers, Robert being one, a sister, and the issue of another sister, his heirs. That he died seised of 160 acres, and that. Robert,.who had since died, had aliened his interest to Hartford. Partition was prayed, and an inquest awarded. Hartford having elected to take at the valuation, a decree to that effect was made August 21, 1848, and the next day he entered into the usual recognisances. On the 24th August, 1846, one of the heirs named in previous…

1Opinion of the CourtBell, J.

It is conceded all round that in adjudicating the real estate late of Hugh McKean, the Orphans’ Court has been led into an error by the mistake of the original petition, in stating the interest of James Hartford as alienee of Robert McKean, and to *261whom the land was adjudged at the appraised value. Through this error, he has received a larger share of the estate than the conveyance under which he claims entitles him to. The object of the petition, brought up by this appeal, is to redress this wrong by rectifying the error. It is resisted by the respondents, the administrators of Hartford’s…

2Cases cited1 opinion

  1. Marcy v. GardinierSupreme Court of Pennsylvania · 1838

3Cited by12 opinions

  1. Sloan's EstateSupreme Court of Pennsylvania · 1916
  2. Bailey's EstateSupreme Court of Pennsylvania · 1927
  3. Stetson's EstateSupreme Court of Pennsylvania · 1931
  4. Clark EstateSupreme Court of Pennsylvania · 1923
  5. Kretzer v. MurrySupreme Court of Pennsylvania · 1929

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