Legal Opinion

Shoemaker v. Walker

Supreme Court of Pennsylvania

Decided December 31, 1814PublishedCited by 4 opinions

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…

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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

  1. Dunham v. OsbornNew York Court of Chancery · 1829
  2. Chew v. Commissioners of SouthwarkSupreme Court of Pennsylvania · 1835
  3. Planters' Bank of Tennessee v. DavisSupreme Court of Alabama · 1858
  4. Goucher v. Helmbold, Pennsylvania Court of Common Pleas, Philadelphia County1833

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