Peters's Estate
Superior Court of Pennsylvania
Appeal, No. 144, Oct. T., 1900, by Susanna E. Rothermel, from decree of O. O. Berks Oo., overruling exceptions to adjudication in the estate of Benjamin B. Peters, deceased. Exceptions to adjudication. From the record it appeared that Susanna E. Rothermel filed exceptions to the account of David K. Peters, executor, alleging that the accountant erred in claiming a credit of $700 interest on dower.
Read the full summary
Appeal, No. 144, Oct. T., 1900, by Susanna E. Rothermel, from decree of O. O. Berks Oo., overruling exceptions to adjudication in the estate of Benjamin B. Peters, deceased. Exceptions to adjudication. From the record it appeared that Susanna E. Rothermel filed exceptions to the account of David K. Peters, executor, alleging that the accountant erred in claiming a credit of $700 interest on dower. Bland, P. J., stated the facts to be as follows: The credit claimed for interest on dower is as follows: “ By Mary Schwoyer, dower interest to April 1, 1897, $700.” The exceptant does not dispute…
1Opinion of the Court
Opinion by
W. D. Porter, J.,
This appeal involves the regularity of the allowance, by the court below, of one item of credit in the account of David K. Peters, executor of the last will of Benjamin B. Peters, deceased. That David K. Peters paid the money is undisputed. The question is, was the claim chargeable upon and payable out of the personal estate of the decedent? The sum paid was the annual rent, or interest in the nature of rent, constituting the statutory dower of the widow of a predecessor in title of the testator, and which accrued subsequently to the death of the latter.
Joseph E.…
2Cases cited13 opinions
- Duke of Cumberland v. CodringtonNew York Court of Chancery · 1817
- Merriman v. MooreSupreme Court of Pennsylvania · 1879
- Moore's AppealSupreme Court of Pennsylvania · 1879
- De Haven v. BartholomewSupreme Court of Pennsylvania · 1868
- Lennig's EstateSupreme Court of Pennsylvania · 1866
8 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Beattie's Assigned Estate, Pennsylvania Court of Common Pleas, Chester County1922
- Hershey v. DeloneSuperior Court of Pennsylvania · 1912