Legal Opinion

Estate of Swart

Supreme Court of Pennsylvania

Decided January 2, 1899No. Appeal, No. 201PublishedCited by 4 opinions

Appeal, No. 201, Oct. T., 1898, by Peninah A. Swart et al., from decree of O. G. Green Co., April T., 1898, No. 19, dismissing appeal from register of wills. Appeal from register of wills. Before Ceaweoed, P. J. From the record it appeared that Jacob Swart died intestate, leaving to survive him a widow, Peninah A. Swart, a son, Amos C. Swart, and three daughters, one of whom was Florence Y. Duim.

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Appeal, No. 201, Oct. T., 1898, by Peninah A. Swart et al., from decree of O. G. Green Co., April T., 1898, No. 19, dismissing appeal from register of wills. Appeal from register of wills. Before Ceaweoed, P. J. From the record it appeared that Jacob Swart died intestate, leaving to survive him a widow, Peninah A. Swart, a son, Amos C. Swart, and three daughters, one of whom was Florence Y. Duim. He also left grandchildren who were the children of deceased sons and daughters. The widow renounced and nominated Florence Y. Dunn. The register of wills issued letters of administration to all…

1Opinion of the Court

Opinion by

Mb. Justice Fell,

If tbe widow and the son of the decedent had merely renounced their rights to administer, the register would have been at liberty to select any one personally qualified from the class next entitled, under the act of March 15, 1832, to administer: Levan’s App., 112 Pa. 294. The discretion vested in the register is limited to a selection from each class entitled in its order, and neither he nor the parties renouncing can pass by one of the children competent to administer and vest the appomtment in a stranger: Williams’s App., 7 Pa. 259; McClellan’s App., 16 Pa. 110.…

2Cases cited6 opinions

  1. Ellmaker's EstateSupreme Court of Pennsylvania · 1835
  2. Levan's AppealSupreme Court of Pennsylvania · 1886
  3. In re Bieber's AppealSupreme Court of Pennsylvania · 1849
  4. McClellan's AppealSupreme Court of Pennsylvania · 1851
  5. Shomo's AppealSupreme Court of Pennsylvania · 1868

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Friese's EstateSupreme Court of Pennsylvania · 1934
  2. Schulz EstateSupreme Court of Pennsylvania · 1958
  3. Job's EstateSuperior Court of Pennsylvania · 1903
  4. Kiker EstatePennsylvania Orphans' Court, Delaware County · 1957

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