Appeal of Kerns
Supreme Court of Pennsylvania
FROM THE DECREE OF THE ORPHANS’ COURT OF SCHUYLKILL COUNTY. No. 38 July Term 1886, Sup. Ct. On March 2, 1885, Michael Kerns and Ellen, his wife, in right of said wife, presented a petition to the Orphans’ Court, praying that a decree confirming the report of appraisers of the widow’s exemption, filed in the estate of John Niland, deceased, should be reconsidered, vacated and set aside, and a rule was granted accordingly.
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FROM THE DECREE OF THE ORPHANS’ COURT OF SCHUYLKILL COUNTY. No. 38 July Term 1886, Sup. Ct. On March 2, 1885, Michael Kerns and Ellen, his wife, in right of said wife, presented a petition to the Orphans’ Court, praying that a decree confirming the report of appraisers of the widow’s exemption, filed in the estate of John Niland, deceased, should be reconsidered, vacated and set aside, and a rule was granted accordingly. At the hearing on Juno 29, 1885, it appeared that John Niland died on April 7, 1870, leaving to .survive him a widow, hut no issue, and seised of two adjoining lots of ground…
1Opinion of the Court
Opinion,
Me. Justice Geeen :
John Niland died in April, 1880, having made a will in May, 1879, and leaving a wddow, but no issue. Ho was seised of two lots and two dwellings erected thereon, one of which he devised in fee to his sister Ellen Kerns, the appellant, and the other to his widow for life, with remainder in fee to his sister Mrs. Hoben. The widow filed a caveat against the probate of the will, which Avas pending until March 4, 1882, when it was withdrawn and letters testamentary were issued to her. The widow continued to collect the rents of the real estate, including the part devised…
2Cases cited7 opinions
- Neff's AppealSupreme Court of Pennsylvania · 1853
- Commonwealth v. PowellSupreme Court of Pennsylvania · 1866
- Davis's AppealSupreme Court of Pennsylvania · 1859
- Burk v. GleasonSupreme Court of Pennsylvania · 1863
- Hufman's AppealSupreme Court of Pennsylvania · 1876
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3Cited by30 opinions
- Bell's EstateSuperior Court of Pennsylvania · 1939
- In Re the Estate of McArthorCalifornia Supreme Court · 1930
- Matheny EstateSuperior Court of Pennsylvania · 1948
- Davies' EstateSuperior Court of Pennsylvania · 1941
- Clark EstateSupreme Court of Pennsylvania · 1923
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