New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-02-27
PHILADELPHIA.
-. c..- ., pssssss-=-Iudse Cssiscrs VSaAA'n
-Markets, stocks. &c.

PHILADELPHIA
pa e.s- 81 pstssbe::-ludse O.s
Markets, stocks. &C.
...-..as,ee of the n. Y Tribune.
PuuApsLrarA. Thursday, FEB. 26, lso2
Great city this. They talk now Of SELL
s.s he s~smship "Clsy OF Pittsours" II puf-
pns will ply on the Pacific sde OF Csiifor-
nia Ia. Ssbf steamships
4 sPoRTAsr OPINION The folio wing oplhoI
ri e Coulter, In the case OF MeIzees s2pssi,
Of the most important, in Its effects, TIA, hss
been delivered IN Pennsylvania IL explain
~ several acts OF Assembly In relation 20 .ae
widows COVER IN her deceased nlsoanas essss.,
and gives q CONSTRUCTION To tire yecer. sstrte sDows
= tie :" Married wopsss Aes Tnis esc,son
reaches every heay,t ~ithih toe State OF rennsyf
yaAaA
IL .as 1fsfsz y <s41ets ADgs9t--Ceaster, J[ ,'s
lin sez StrC OF 1872 relating 10 las. VIE ~ho
tcs,smtnts, acts that a devise or oequess oy avs
band TO vie of any portion OF his es'ate o. prop
erty. shall b. deemed and taken 70 De IN ileu V an1
h.r her OF her yer, provided tina, nothing herein
contained shall deprive the widow of ner cnoice OF
Tower or Of the estate or property so devised. III
the word dover in the poviso is construed 70 mean
oo~eI at common law, so also must the same word
ir he ensciing clause be construed IN the same way
seem, therefore that The wife was ons barred Of
her dover st common law. II she accepted uldeI the WI
part Of the personal estate remaEed unisposed of
by will 20 taat she would take under toe l.atats
either in is letter by spirit In Laewesyerv Slower
Twas ieo. i, was held that the acceptance BY w,dos
recovering her dswer aened by her husband 10 ms
There il pretty s,ropg analogy between the
the latter showing the deacy Of the law TO favor he
claim Of ,he widow 10 her o share usder our own ac OF
drbuon VI she chooses to claim IT, irrespective OF tue
claim OF dover common law But the &c, OF
1884, the law held to be equity would inerposet e
bar the widow only where the mpca ion that she should
lot have bch dc~erand The devise or beques was strong
..a nee ,,a ss Thss I'VE se II d pre-
vent The whole viii from taking effect tina a. where
peey rs Resor. Dsl AIS; Hamilton rs Buck walter.
latss ss7 hdeisn. go; s'ss ~ Aud IA Evans f U.s.
of PENNSYLVANIA la, that II one axes s1arger estae un
Ger the viii than her dover u hs ps. % IN mar
The share II the esate Of The iate tate IN TINS act
directed allotted 10 The widow shsl he IN lieu and
ssiisfsctioh OF her dover a. common Law.
Tbs act selteo what han long been contested nut ua
fomly dec ded favor Of tue widow. Under TINS act
wheo she gives up her xy right, she stands as 1t
regards devsees the light of purchaser for cJnsdera-
right election indispensable. and it was ruled u Dun
eau Duncan, Yates, s02 That the determination OF
of the crc OF husband and Of her
rights" Then the act of 1888 already cited IN
1884 dropped and subsequently the act Of l84S the
lh section ensctDg that the lsh section Of tae act OF
1893 shall the widow IN case she elects MOTTO
take under the vii Of her husband Of he, share OF me
..e q nei sse .s Of Ss bsoSs or ds
vss Of her share Of the pssonaesse under the htes
This Sir may have been the result Of belief by the
Legislature Of the words at common lac In the act OF 1885,
avowsd the intention TO use the word dewer not 10 rs
sense but equivalent her dsroutve share
under our own statute IT. OF consequence whether
tits called deolaratory law original enactment be-
cause it was passed year before the tesa.ors
dessh. 1t forms the rule Of decision here
vehementy urged tina. this act unconstituona
because the night Of the wife is frat az the time Of the
uarrisee and this act inersres with rights already
vested and alters DESTROYS them. But know not
where the parties were united IN wedsck OF under what
law Of domci these vested or whether at thai time
they conten plated residence either permanent or tenn
Here in this laws have bsss passed from
time to time altering statute of dsirbutcns and alter
ing the OF making Wills These laws have been
considered sound sad good II IN existence and operative
at the time of tessior decedens death no ter
whose pchoate interests they affected The Legislature
might repeal snnu the conmon law rgh OF dover and
they might repeal the statute Of distribution.
There 10 no natural indefeasb,e RICH! Of dover at
matter vhen cesbra cd The law perfectly constito
nonal II rs vlolave Of ne vested rghI we give It no
counsel 1t would upset maay estates in the
doubt mas been expressed whether this act does not
copns the election the widow to the personal estate
alone myself entertain no doubt but an instructed to
express opinion that subject, The proper parties the
Ssv,et are not before US aud have not been heard It's
the executor such and the wldo1 wis contestants
abus matter which does mol involve the distribution of
real estate
But the widow is entts 10 elect, take under the
will in which she will be epled to share die
bu i've pa Of ho personality beyond all DOUBT or cavil
And in order that she shall be enabled TO make thai cleo
toawth knowledge of the circumstances OF her huband
and her ehis she is entsed to fu and u. amount
Oft personal estate Of the decedent.
BY petition TO the Cour. she inPesches the Inventory
and amount furnished by the executor. which petlton
verified BY her oath Her application TO the Court under
the 2zd section Of the act Of March, 1884, which requires
removal OF does not NE Luo
upon the application Of any person ntsre, cd lhe
widow interested has good sandIag Court, and
enntieo to have her case proceeded IN to final adj Indication
tmAke no account OF the 90 cotton that lie widow dl
not apply for the appointment OF ~ ekanar. Our Or
phans Courts do not proceed exactly ia conformity with
chsnoery forms Sue did apply for Inc aphoa.men Of an
auditor to ana repsu uppa facts involved
the petition and answers An auditor tAe and
standing officer Of The Orphaus Coat f,s Ihai purpose.
But the Cour, refused, and decided hat .ho
party IN interest apd dlsmlssed The petition
In THIS there was error. say no;nng II a'ts spoken
IN
ought 10 he rsdered seized possessed OF az the lime
OF his death. That would de pend The testimony
tAksa The only point before this urt whether the
petitioner had sWSh interest gave her standing Ia
the Court We think she had
tDecise reversed AID procedendc awarded.
favorable for BREADsTVfFs, and have al led increased
dulness and inactivity 10 the market IRere bat little
export demand and the onls sales repoed are SEQ or $40
bes standard and good brands al 81 SlI bb at which
there free sellers including lot al something lsi
The sales for city consumption restricted
scale, 81 yl&St so for common good brands 81 46l
ass 81 for choice brands and extra and fancy Ohio and
ksw-Yoik a. higher quotations. RYE FLOUR is steady
At So and Com MEAL at s. ISL bbl. The demand
syiyania ksd At 93a96c.. and White at lQ6c bush
There Is NO Rye coming in. Corn arrives slowly but
there sven little demand fo It, Email sales OF Yellow
MtJs Prices Of OATS are steady. Ia GROCERIES and
PROVISIONS there Is change worthy Of notice. la
WHISKY small sales OF bbs 2c and hhds at 22l2Sc
SAlM OF SrocHS.-Nrsi BOard-S7 100 SasQ. Canal 6s,
g. 81; Size County ss rs go $50 Long Islard RR
9: : 50 500 cam aud Am6oy RR ss 81. sil; 100 Read
sss 100 MoI s Sa ssl% and M ssaS saPs
10 do IA q IehigA Nav 80 SloO State IS. s9i
3ttoso. SGT; S2Oco U s Co. ~, nc 100 Union Cansl
Sseesd Beard9 Penn. Bank, ili 500 S. 6s 81 iSI
sly do ITO hicnis Canal l4i; 100 Lehigh lat $40
State S. sSi; 5000 do, 50 Penn 5rs,ms Ivo'
50; slee Gas 6. OIL 1907, 500 City 4 es 81, IOll