Knoppel's Estate
Pennsylvania Orphans' Court, Philadelphia County
Exceptions to adjudication. O. C. Phila. Co., Oct. T., 1899, No. 692. Testator died Nov. 9, 1890, leaving a will dated Dec. 17, 1889, duly admitted to probate. Frederick W. Knoppel, one of his sons, was paid by the testator $2988, for which sum he gave him his judgment note dated Oct. 10, 1890, payable one year after date. Other facts appear in the opinion of the court.
1Opinion of the Court
Gummey, J.,
Two sets of exceptions are before us. We will consider first those filed on behalf of Adeline A. Bahl and Frederick W. Knoppel, Jr., which relate to the action of the auditing judge in treating as an advancement, and not as a debt, the sum of $2988, given by the testator to Frederick W. Knoppel (father of the exceptants), and represented by the latter’s judgment note.
Advancements are confined to cases of intestacy only, unless an intention to treat the gift as an advancement is clearly shown by the will (Porter’s Appeal, 94 Pa. 832), or by necessary implication (Eichelberger’s…
2Cases cited13 opinions
- Estate of EichelbergerSupreme Court of Pennsylvania · 1890
- Blood v. Crew Levick Co.Supreme Court of Pennsylvania · 1895
- O'Connor v. FlickSupreme Court of Pennsylvania · 1921
- Appeal of PattersonPennsylvania Orphans' Court, Philadelphia County · 1889
- Rohn v. OdenwelderSupreme Court of Pennsylvania · 1894
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