Martin's Estate
Supreme Court of Pennsylvania
Appeal, No. 314, Jan. T., 1893, by Luther Martin, Jr., et al., trustees, from decree of O. C. Phila. Co., Oct. T., 1886, No. 508, ordering trustees to pay over to widow portion of principal of estate of Luther Martin, deceased. Petition for order on trustees to pay over portion of principal of estate.
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Appeal, No. 314, Jan. T., 1893, by Luther Martin, Jr., et al., trustees, from decree of O. C. Phila. Co., Oct. T., 1886, No. 508, ordering trustees to pay over to widow portion of principal of estate of Luther Martin, deceased. Petition for order on trustees to pay over portion of principal of estate. The petition averred that Luther Martin, petitioner’s husband, died July 18, 1886, testate, leaving to survive him a widow, four daughters and two sons; that the will was duly admitted to probate in Philadelphia county and letters testamentary issued to the widow, two sons, Luther Martin, Jr.,…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
The learned orphans’ court, in making the order complained ■of, simply determined that under the will the petitioner was entitled to have from the principal of the estate the sum mention■ed in the petition for the purpose declared therein, without giving security therefor. It did not decide that the provisions •of the will in relation to her possession and care of the prop■erty constituted a gift to her “ of so much of the principal as she might see fit to appropriate.” It expressly declared that ■it was not necessary to do so. But the appellants contend that…
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