Legal Opinion

Heineman's Appeal

Supreme Court of Pennsylvania

Decided November 17, 1879PublishedCited by 6 opinions

Appeal from the Orphans’ Court of Allegheny county: Of October and November Term 1879, No. 301. Appeal of Matilda Heineman, from the decree of the court in the matter of the exceptions to the account of the executors of Louis Heineman, deceased. Louis Heineman died February 28th 1877. He left a will dated February 22d 1877, which contained the following provisions: “First.

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Appeal from the Orphans’ Court of Allegheny county: Of October and November Term 1879, No. 301. Appeal of Matilda Heineman, from the decree of the court in the matter of the exceptions to the account of the executors of Louis Heineman, deceased. Louis Heineman died February 28th 1877. He left a will dated February 22d 1877, which contained the following provisions: “First. I direct all my just debts and funeral expenses to be fully paid and satisfied by my executors, hereinafter named, as soon as conveniently may be after my decease “ Second. I give and bequeath to my wife Catharine so much…

1Opinion of the CourtChief Justice Sharswood

*99We find nothing to correct in the decree of the learned court below. By the Act of Assembly of April 20th 1869, Pamph. L. 77, it is provided that, “ in case any person has died, or shall hereafter die, leaving a widow and last will and testament, and such widow shall elect not to take under the will, in lieu of dower at common law as heretofore, she shall be entitled to such interest in the real estate of her deceased husband as the widows of decedents dying intestate are entitled to under the existing laws of this Commonwealth.” By the Act of April 8th 1833, Pamph. L. 316, “ where such…

2Cited by6 opinions

  1. Lonergan's EstateSupreme Court of Pennsylvania · 1931
  2. Estate of VanceSupreme Court of Pennsylvania · 1891
  3. Wyllner's EstateSuperior Court of Pennsylvania · 1917
  4. Thelma Katzman v. Lillian Hoffman, Arnold Blumberg, and Benjamin SorkCourt of Appeals for the Third Circuit · 1957
  5. Berntheizel EstatePennsylvania Orphans' Court, Berks County · 1968

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