Legal Opinion · Dissent

Bell's Estate

Pennsylvania Orphans' Court, Philadelphia County

Decided December 9, 1938No. 1375 of 1938Published

1Dissent

Klein, J.,

dissenting. — I cannot concur in the majority opinion. I think the exceptions should be sustained and the exemption awarded to the daughter who claims it.

I have read all the cases cited in the majority opinion and cannot accept them as authority for the conclusion reached therein. In my judgment, these cases can all be readily distinguished. In Staley’s Estate, 21 Dist. R. 72 (1911), the claim for exemption was not made until eight years after the death of the husband. The case was decided entirely on the question of laches. In Wanger’s Appeal, 105 Pa. 346 (1884), the factual…

2Cases cited10 opinions

  1. Appeal of KernsSupreme Court of Pennsylvania · 1888
  2. Peebles's EstateSupreme Court of Pennsylvania · 1893
  3. Estate of HenkelSuperior Court of Pennsylvania · 1900
  4. Hildebrand's EstateSupreme Court of Pennsylvania · 1918
  5. Nevins's AppealSupreme Court of Pennsylvania · 1864

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