Terry's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Lancaster county, distributing the estate of George W. Terry, deceased, in the hands of his executors. The balance for distribution was $2255.32. By his will, dated March 25th and proved April 6th 1864, the testator gave to his mother the interest of his estate for life, gave two legacies of $150 each, and gave the residue to a brother and his own “ two sons he had by Sarah Jackson, of Philadelphia.”
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Appeal from the Orphans’ Court of Lancaster county, distributing the estate of George W. Terry, deceased, in the hands of his executors. The balance for distribution was $2255.32. By his will, dated March 25th and proved April 6th 1864, the testator gave to his mother the interest of his estate for life, gave two legacies of $150 each, and gave the residue to a brother and his own “ two sons he had by Sarah Jackson, of Philadelphia.” After the auditors had held several meetings, Sarah Jackson, named in the will as the mother of his children, employed counsel and appeared before the auditors,…
1Opinion of the Court
The opinion of the court was delivered, July 3d 1867, by
Agnew, J.
— The main controversy in the court below was, whether the appellant was the wife of George Terry. Three auditors were appointed to hear the case, who, after taking the testimony of many witnesses, found in favor of the marriage, and the court below approved of their finding. They also found that Terry has deserted his wife, and was absent from her for ten years before his death, he living in Lancaster county, and she in Philadelphia with her mother, and keeping her two children, the issue of their marriage. She seldom heard…
2Cited by6 opinions
- Estate of HenkelSuperior Court of Pennsylvania · 1900
- Evans's EstateSuperior Court of Pennsylvania · 1902
- Balmforth's EstateSuperior Court of Pennsylvania · 1904
- Celenza's EstatePennsylvania Orphans' Court, Philadelphia County · 1932
- DeSimone EstatePennsylvania Orphans' Court, Philadelphia County · 1955
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