Legal Opinion

Christie's Estate

Superior Court of Pennsylvania

Decided July 15, 1908No. Appeal, No. 247Published

Appeal, No. 247, Oct. T., 1906, by William C. Whiteside, testamentary guardian of David C. Christie, from decree of O. C. Lancaster Co., April T., 1904, No. 40, dismissing exceptions to adjudication in Estate of William J. Christie, deceased. Exceptions to adjudication. Smith, P. J., filed the following opinion: A note for $1,000, with interest, held by the widow against the testator was allowed, as was also" a claim for the balance of her exemption.

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Appeal, No. 247, Oct. T., 1906, by William C. Whiteside, testamentary guardian of David C. Christie, from decree of O. C. Lancaster Co., April T., 1904, No. 40, dismissing exceptions to adjudication in Estate of William J. Christie, deceased. Exceptions to adjudication. Smith, P. J., filed the following opinion: A note for $1,000, with interest, held by the widow against the testator was allowed, as was also" a claim for the balance of her exemption. These awards are assigned as error and are the subjects of exceptions. The widow was the testator’s second wife and is the mother of his two…

1Opinion of the Court

Opinion by

Rice, P. J.,

The question involved in this case, and the pertinent facts are clearly and concisely set forth in the opinion of the learned judge below and need not be recited here. The learned judge’s findings of fact, particularly the part of them quoted in the second assignment of error, are questioned by the appellant’s counsel, who claims that they are not supported by the evidence. While the evidence is not very full yet we are unable to say that it was not sufficient to warrant the judge’s findings.

The appellants’ counsel asserts the general proposition that when a legal…

2Cases cited5 opinions

  1. Burkholder's AppealSupreme Court of Pennsylvania · 1884
  2. Estate of KeslerSupreme Court of Pennsylvania · 1891
  3. Fennell's EstateSupreme Court of Pennsylvania · 1904
  4. Estate of FrankSupreme Court of Pennsylvania · 1900
  5. Fisher v. FilbertSupreme Court of Pennsylvania · 1847

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