Legal Opinion

Krout's Appeal

Supreme Court of Pennsylvania

Decided February 4, 1869No. 276PublishedCited by 3 opinions

Appeal from the decree of the Orphans’ Court of Bucks county: No. 276, to January Term 1869. The question in this case arose on the distribution of the personal estate of Esther Krout, deceased, showing the final administration account of her estate to be <¡>1236.33. The auditor, E. Morris Lloyd, Esq., reported, “ that Esther Krout died without leaving issue, and without leaving brothers and sisters, but only the issue of brothers and sisters ; there survived her twenty-five…

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Appeal from the decree of the Orphans’ Court of Bucks county: No. 276, to January Term 1869. The question in this case arose on the distribution of the personal estate of Esther Krout, deceased, showing the final administration account of her estate to be <¡>1236.33. The auditor, E. Morris Lloyd, Esq., reported, “ that Esther Krout died without leaving issue, and without leaving brothers and sisters, but only the issue of brothers and sisters ; there survived her twenty-five nephews and nieces, and the issue of seven nephews and nieces deceased, who were the children of six brothers and…

1Opinion of the Court

The opinion of -the court was delivered,

by

Thompson, C. J.

By the Act of Assembly of 4th April 1797, 3 Sm. Laws 299, when nephews and nieces of the intestate became the distributees of the intestate, the rule of distribution was per stirpes ; the children representing their deceased parents who would have been entitled to the succession if living.

By the Act of the 8th April 1833, the provision on this subject is, that “ if an intestate shall leave neither brothers nor sisters of the whole blood, but nephews or nieces living, the children of such deceased brother or sister, the real estate shall…

2Cited by3 opinions

  1. Clement's EstateSupreme Court of Pennsylvania · 1894
  2. Jayne's EstatePennsylvania Court of Common Pleas · 1931
  3. Levering v. WilliamsBaltimore City Superior Court · 1918

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