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5 Watts & Serg. 501

Beyer v. Reesor

Supreme Court of Pennsylvania

Decided May 15, 1843

Supreme Court of Pennsylvania · decided 1843-05-15

The Commonwealth for the use of George Keller, administrator of Ann Beyer, deceased, against John Reesor and Christian Reesor. This was an action of debt upon a recognizance in the Orphans’ Court. On the 16th December 1839, a petition was presented for the purpose of obtaining a partition or valuation of the estate of Christian Reesor, deceased, and an inquest was thereupon awarded.

Decided 1843-05-15

Per Curiam.

¶1The reasons given for the opinion of the Common Pleas are so full to the purpose, and in such entire accordance with the sentiments of this court, that nothing material remains to be added. Were not the real estate of a wife involved in the question, it might admit of the possibility of a doubt whether filing the certificate of record is an integrant part of the act, which dispenses with the husband’s duty to give the security, though the words of the statute naturally and necessarily import that it is. It is put on a footing with the separate examination, declaration and certificate; all of which are to be perfected before the wife’s title is devested. But were the statute less explicit, the policy which has induced this court to exact a strict compliance with the requirements of the statutes in respect to conveyances of the wife’s land, as well as to restrain her from exercising a power over her separate estate not contained in the settlement, would induce us to decide the point before us in favour of the defendants. We are of opinion, therefore, that the filing of the certificate after the wife’s death, was not a compliance with the statute.

¶2Judgment affirmed.

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