Gourley v. Kinley

Citations

• 66 Pa. 270
• 1871 Pa. LEXIS 27

Syllabus

<p>1. A widow cannot take the land of her husband at the appraisement under proceedings in partition.</p> <p>2. Where a widow’s portion is laid off to her, she has a life estate in it as land.</p> <p>3. When the husband’s land is accepted at the appraisement or sold, she has a life estate not in any specific portion of the land, but in an equivalent share of the rents and profits of the whole measured by the interest on her share of its value, ascertained by appraisement or sale.</p> <p>4. In either form of assignment, she has an estate in the land, and by force of the statute it vests in her eo instanti the husband dies.</p> <p>5. The widow’s interest in her husband’s land is not like dower at common law.</p> <p>6. Dower will not lie for the widow’s share of land of which her husband died seised.</p> <p>7. The widow may maintain dower if the land is in possession of one who claims adversely to the heirs and denies her right, and is not amenable to the Orphans’ Court.</p> <p>8. When the husband dies seised and in possession, she must have her share assigned under the partition acts.</p> <p>9. Since the Act of April 21st 1846, the common-law courts have concurrent jurisdiction in partition with the Orphans’ Court.</p> <p>10. The widow cannot join with the heirs in ejectment for her husband’s land.</p> <p>11. The widow cannot bring ejectment for her interest in her husband’s land.</p> <p>12. An heir cannot before partition maintain ejectment against a widow in possession of land of which her husband died seised.</p> <p>13. Kurtz’s Appeal, 2 Casey 465, Zeigler’s Appeal, 11 Id. 189, remarked on; Seider v. Seider, 5 Whart. 208, recognised.</p>