Appeal of Jackson
Supreme Court of Pennsylvania
APPEAL FROM THE DEGREE OF THE ORPHANS’ COURT OF LUZERNE COUNTY. No. 102 January Term 1889, Sup, Ct. On June 13, 1888, the account of Richard F. Walsh and M. McNertney, executors of Charles Barry, deceased, was called for audit before the Orphans’ Court, when the following facts were made to appear.
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APPEAL FROM THE DEGREE OF THE ORPHANS’ COURT OF LUZERNE COUNTY. No. 102 January Term 1889, Sup, Ct. On June 13, 1888, the account of Richard F. Walsh and M. McNertney, executors of Charles Barry, deceased, was called for audit before the Orphans’ Court, when the following facts were made to appear. Charles Barry, the decedent, died on April 2, 1887, leaving a will dated September 17, 1886, duly admitted to probate, the first disposing provision of which was as follows : “ I give, devise and bequeath to my most faithful and affectionate wife, Mary Barry, in lieu of her dower if she shall so…
1Per curiam
We think the Orphans’Court was clearly right in holding wxv^v, was not entitled to one half of the residue of the personal property undisposed of by the testator. The widow having died a few days after the testator, and having made no election, we must presume she takes under the will. The will gave her the full one third of all the estate of the testator, during her life. There was no intestacy of any portion of the estate, as to her. She gets the one third of it all, in-*109eluding that portion of whicli the testator died intestate. Taking her one third of the undisposed of surplus under the…
2Cases cited1 opinion
- Reed's EstateSupreme Court of Pennsylvania · 1876
3Cited by12 opinions
- Walker EstateSupreme Court of Pennsylvania · 1954
- Arnold's EstateSupreme Court of Pennsylvania · 1915
- Thompson's EstateSupreme Court of Pennsylvania · 1911
- Tarr v. RobinsonSupreme Court of Pennsylvania · 1893
- Fleming's EstateSupreme Court of Pennsylvania · 1907
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