Estate of Woodburn
Supreme Court of Pennsylvania
APPEAL BY JAMES MCMANNIS BT AL., TRUSTEES, EROM THE ORPHANS’ COURT OE WASHINGTON COUNTY. No. 210 October Term 1890, Sup.
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APPEAL BY JAMES MCMANNIS BT AL., TRUSTEES, EROM THE ORPHANS’ COURT OE WASHINGTON COUNTY. No. 210 October Term 1890, Sup. Ct.; court below, No. 48 August Term 1889, O. C. On September 28,1889, upon petition of W. M. Mustard and James McMannis, executors of tbe will of Samuel Wood-burn, deceased, the court below appointed Mr. J. F. McFarland auditor, to report, inter alia, a distribution of a balance remaining in the hands of said executors, as shown by their account filed and confirmed. The following facts were found by the auditor: Samuel Woodburn died in April, 1889, having made a will, duly…
1Opinion of the Court
OPINION,
Mr. Chief Justice Paxson:
This record presents two questions, which may be briefly stated thus: (a) Was the widow of Samuel Woodburn, deceased, bound by her first election to take under the will ? and (b) whether the oil produced from the testator’s real estate was a part of the corpus of the estate.
In regard to the first question, the auditor has found that the widow signed the paper electing to take under the will in ignorance of her rights; that in doing so she was ignorantly assenting to what she did not comprehend, to what had never been explained to her; that is, the effect and…
2Cases cited3 opinions
- Cox v. RogersSupreme Court of Pennsylvania · 1874
- Bierer's AppealSupreme Court of Pennsylvania · 1880
- Anderson's AppealSupreme Court of Pennsylvania · 1860
3Cited by23 opinions
- Standard Oil Co. of Ky. v. HawkinsCourt of Appeals for the Seventh Circuit · 1896
- Tolley v. PoteetWest Virginia Supreme Court · 1907
- Lawley v. RichardsonSupreme Court of Oklahoma · 1924
- McCutcheon's EstateSupreme Court of Pennsylvania · 1925
- Cooley v. HoustonSupreme Court of Pennsylvania · 1911
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