Compher v. Compher
Supreme Court of Pennsylvania
Error to Bedford county. Philip Compiler died in November, 1853, leaving a widow, and real and personal estate which he disposed of by his will, dated 2d November, 1853, admitted to probate 18th November, 1853. By his will he gave to his wife, the plaintiff, “ to the amount of $300, to be taken by her at the appraisement or valuation of his estate” directed to be made by the will.
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Error to Bedford county. Philip Compiler died in November, 1853, leaving a widow, and real and personal estate which he disposed of by his will, dated 2d November, 1853, admitted to probate 18th November, 1853. By his will he gave to his wife, the plaintiff, “ to the amount of $300, to be taken by her at the appraisement or valuation of his estate” directed to be made by the will. Before the appraisement, and at the sale, the widow gave notice to the executors that she claimed (in addition to the legacy) $300 worth of the personal property, under the exemption laws of the Commonwealth, which…
1Opinion of the Court
The opinion of the Court was delivered by
Knox, J.
The right of a widow to retain real or personal property to the amount of $300 from the estate of her deceased husband, is given by the 5th section of the Act of 14th March, 1851, and that too whether her husband dies testate or intestate, solvent or insolvent. So much of the estate belongs to her and her children, if she has any, for the use of the family. If she has no children, it is hers absolutely; and it is the duty of the personal' representatives to set aside this amount for the widow upon request made, to be appraised in the manner…
2Cited by11 opinions
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- Stokes EstateSuperior Court of Pennsylvania · 1950
- Stachnick EstateSupreme Court of Pennsylvania · 1954
- Murray EstateSuperior Court of Pennsylvania · 1945
- Industrial Trust Co. v. DeanSupreme Court of Rhode Island · 1942
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