Scott's Estate
Superior Court of Pennsylvania
Appeal, No. 5, March T., 1902, by •Lehmaster Warehouse Company, from decree of O. C. Franklin Co., dismissing exceptions to auditor’s report in Estate of Henry Scott, deceased. Exceptions to auditor’s report. From the record it appeared that Susan Scott was the widow and sole executrix of her husband, Henry Scott, appointed appraisers for her exemption.
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Appeal, No. 5, March T., 1902, by •Lehmaster Warehouse Company, from decree of O. C. Franklin Co., dismissing exceptions to auditor’s report in Estate of Henry Scott, deceased. Exceptions to auditor’s report. From the record it appeared that Susan Scott was the widow and sole executrix of her husband, Henry Scott, appointed appraisers for her exemption. The appraisers, by their appraisement, set aside to the widow personal property to the amount of 166.10. Immediately following the enumeration and valuation of the articles, this appeared on the face of the appraisement, “ The balance, to wit,…
1Opinion of the Court
Opinion by
Rice, P. J.,
It has been said repeatedly that the right of the widow under the act of 1851 “ is a right sub modo to be asserted in the manner pointed out by the act,” and that ordinarily there must be an appraisement. B ut as was said by Woodwakd, J., in Nottes’s Appeal, 45 Pa. 361, it is necessary, in dealing with the multifarious cases that arise under the widow’s law and the exemption law to distinguish carefully between their respective facts, and not to imagine similitudes where none exist. When the court said in Hufman’s Appeal, 81 Pa. 329, that the widow had not qualified…
2Cases cited3 opinions
- Hufman's AppealSupreme Court of Pennsylvania · 1876
- Nottes's AppealSupreme Court of Pennsylvania · 1863
- Bower's EstateSuperior Court of Pennsylvania · 1901
3Cited by5 opinions
- Buckland's EstateSupreme Court of Pennsylvania · 1913
- Murray EstateSuperior Court of Pennsylvania · 1945
- Benner v. Benner, Pennsylvania Court of Common Pleas, Montgomery County1935
- Bricker v. Brougher, Pennsylvania Court of Common Pleas, Cumberland County1930
- Gillette's EstatePennsylvania Orphans' Court, Crawford County · 1927