In the case of Flintham's Appeal from the Decree of the Orphan's Court
Supreme Court of Pennsylvania
William Flintham, administrator of Elizabeth Febiger, deceased, on the 13th February, 1819, filed his accounts in the register’s o£6ee, in which he admitted a balance to be in his hands of 21,190 dollars 62 cents, part of which arose from the personal estate, and the residue from the sale of the real‘estate of the decedent under an order of the Orphan’s Court.
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William Flintham, administrator of Elizabeth Febiger, deceased, on the 13th February, 1819, filed his accounts in the register’s o£6ee, in which he admitted a balance to be in his hands of 21,190 dollars 62 cents, part of which arose from the personal estate, and the residue from the sale of the real‘estate of the decedent under an order of the Orphan’s Court. On the application of the children of John Ca/rson, deceased, the Orphan’s Court appointed auditors to examine the accounts, who made a report to which exceptions were filed by the administrator. After hearing an argument on the…
1Opinion of the Court
The opinion, of the court was delivered by
Tilghman, C. J.
The only question of any difficulty in this case is, whether the legacy of ¿01000, given by the will of Christian Febiger to his wife, vested in her absolutely; or whether she had only a power of appointment, which not being executed, her representatives are not entitled to it.
The testator first gives to his wife all his estate, real and personal, during her life, arid then says, that if she should marry again, she should continue to enjoy the possession and income of his estate, but neither she nor her husband should have power to sell…
2Cases cited1 opinion
- Jackson v. SebringNew York Supreme Court · 1819
3Cited by1 opinion
- Thomas v. ThomasSupreme Court of Pennsylvania · 1829