Boyd's Appeal

Decided February 21, 1861

Supreme Court of Pennsylvania · decided 1861-02-21

This was an appeal by David Boyd, Jr., administrator, &c., of Harvey J. Smith, deceased, from the order and decree of the Register’s Court, made December 16th 1859, annulling and vacating letters granted to the appellant, and granting letters to Mary C. Smith. Harvey J. Smith died February 22d 1859, having been divorced from his wife, Mary C. Smith, May 15th 1858.

Good law ✅— No negative treatment on recordhow we know

Decided 1861-02-21

How this case has been cited

Cited by 3 later decisions — most recently November 1975

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1The opinion of the court was delivered,

by Thompson, J.

¶2— The result in this case has been treated as dependent upon our determination in the case of Boyd’s Appeal from the order of the Court of Common Pleas, striking off the decree of divorce in the case of Smith v. Smith. We have affirmed that appeal, and this leaves Mary C. Smith, widow of Harvey J. Smith, deceased, entitled to administration: and the decree of the Register’s Court, affirming the revocation of letters of administration cum test, annexo to the appellant by the register, and granting letters to the said Mary 0. Smithj is entitled to be affirmed; no other ground being alleged against her claim to administration, excepting that predicated of the proceedings in divorce. That being set aside, she is therefore entitled, and the decree affirming the action of the register is

¶3Affirmed.