Shoemaker v. Walker
Supreme Court of Pennsylvania
CASE stated for the opinion of the Court. By the last will and testament of Phcebe Shoemaker, deceased, dated the 2d August, 1788, and by a deed of trust from Benjamin Shoemaker and Elizabeth his wife, to John Reynell, bearing date the 31st October, A. D. 1765, Charles Shoemaker, “ was vest- “ ed with, and entitled to the remainder of one-eighth of all the real estate in the said deed mentioned after the life “ estate thereby given to his mother, Elizabeth Shoemaker, “ shall…
Read the full summary
CASE stated for the opinion of the Court. By the last will and testament of Phcebe Shoemaker, deceased, dated the 2d August, 1788, and by a deed of trust from Benjamin Shoemaker and Elizabeth his wife, to John Reynell, bearing date the 31st October, A. D. 1765, Charles Shoemaker, “ was vest- “ ed with, and entitled to the remainder of one-eighth of all the real estate in the said deed mentioned after the life “ estate thereby given to his mother, Elizabeth Shoemaker, “ shall have expired,” &c. . On' the 4th June, 1792, Charles. Shoemaker, by deed in consideration of a debt of above 4,000…
1Opinion of the Court
Tilghman C. J.
In this case two questions are made. 1. Whether a widow is entitled to dower of a trust estate. 2. Whether she is entitled to dower of an estate, the remainder of which in fee was vested in her husband, dependent on an estate for life in a third person, which said remainder her husband had aliened during the coverture. 1. In England a woman is not dowerable of a trust estate although a husband may be tenant by the curtesy. This is the more remarkable, as dower is the favourite of the common law. A woman has her dower where the husband had only a seisin in law, but a man cannot…
2Cited by4 opinions
- Dunham v. OsbornNew York Court of Chancery · 1829
- Chew v. Commissioners of SouthwarkSupreme Court of Pennsylvania · 1835
- Planters' Bank of Tennessee v. DavisSupreme Court of Alabama · 1858
- Goucher v. Helmbold, Pennsylvania Court of Common Pleas, Philadelphia County1833