Legal Opinion

Young's Estate

Supreme Court of Pennsylvania

Decided May 5, 1902No. Appeal, No. 263PublishedCited by 13 opinions

Appeal, No. 263, Jan. T., 1901, by Ella M. Brundage, from decree of O. C. Lebanon Co., June T., 1887, No. 33, overruling exceptions to auditor’s report in estate of John Young, deceased. Exception to report of S. P. Light, Esq., auditor.

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Appeal, No. 263, Jan. T., 1901, by Ella M. Brundage, from decree of O. C. Lebanon Co., June T., 1887, No. 33, overruling exceptions to auditor’s report in estate of John Young, deceased. Exception to report of S. P. Light, Esq., auditor. The important facts are stated in the opinion of the Supreme Court, other facts were found by the auditor as follows : On March 12, 1887, the petition of Mrs. Young was presented to the orphans’ court stating her election to take under the intestate laws and praying for a citation upon the executrix to take and file an appraisement of the estate. Whereupon a…

1Opinion of the Court

Opinion by

Mr. Justice Mitchell,

In July, 1886, three months after the death of John Young, a controversy which had arisen between his widow and his daughter (who was executrix and principal devisee) was settled by a formal agreement under seal whereby the widow accepted the provisions of the will, and the annuity provided for her in it was secured expressly as a first charge on the rents of certain specified houses.

Subsequently, although she had in the meantime received and receipted for several instalments of the annuity as due to her “under the will,” the widow repudiated the agreement and…

2Cases cited4 opinions

  1. Dickerson's AppealSupreme Court of Pennsylvania · 1887
  2. Pringle v. PringleSupreme Court of Pennsylvania · 1868
  3. Hummel's EstateSupreme Court of Pennsylvania · 1894
  4. Lonsdale's EstateSupreme Court of Pennsylvania · 1857

3Cited by13 opinions

  1. Windolph v. Girard Trust Co.Supreme Court of Pennsylvania · 1914
  2. Beirne v. Continental-Equitable Title & Trust Co.Supreme Court of Pennsylvania · 1932
  3. Brightbill v. BoeshoreSupreme Court of Pennsylvania · 1956
  4. Cancilla v. BondySupreme Court of Pennsylvania · 1945
  5. Fidelity-Philadelphia Trust Company and J. Reece Lewis, Executors of the Will of Anna C. Burr, Deceased v. United StatesCourt of Appeals for the Third Circuit · 1955

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