Estate of Cunningham
Supreme Court of Pennsylvania
APPEAL BY H. G. WILSON ET AL. EROM THE ORPHANS’ COURT OE WESTMORELAND COUNTY. No. 50 October Term 1890, Sup. Ct.; court below, No. 15 May Term 1889, O. C. On May 25, 1889, William' Household, executor of the will of J. B. Cunningham, deceased, filed an account, charging himself with the proceeds of certain real estate, sold by him under a power conferred by said will, amounting to $10,700, and taking credit for certain costs and expenses.
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APPEAL BY H. G. WILSON ET AL. EROM THE ORPHANS’ COURT OE WESTMORELAND COUNTY. No. 50 October Term 1890, Sup. Ct.; court below, No. 15 May Term 1889, O. C. On May 25, 1889, William' Household, executor of the will of J. B. Cunningham, deceased, filed an account, charging himself with the proceeds of certain real estate, sold by him under a power conferred by said will, amounting to $10,700, and taking credit for certain costs and expenses. The account having been confirmed, Mr. Jacob Turney was appointed auditor to distribute the balance exhibited thereby in the hands of the accountant. The…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell:
Election, in the sense that applies to the present contention, means a choice between two courses of action, acquiescence by the widow in her husband’s disposition of his property, or dis*628regard of it and assertion of the rights the law gives her. There is no third or mixed course. Her legal rights, which are paramount to the husband’s control, attach eo instanti that he dies, and there is no interval during which the will can slip in and work a conversion, and then stand aside to let in her intestate rights upon the converted estate. Conversion takes place by…
2Cases cited5 opinions
- Kennedy v. JohnstonSupreme Court of Pennsylvania · 1870
- Hoover v. LandisSupreme Court of Pennsylvania · 1874
- Bradfords v. KentsSupreme Court of Pennsylvania · 1863
- Light v. LightSupreme Court of Pennsylvania · 1853
- Webb v. EvansSupreme Court of Pennsylvania · 1809
3Cited by30 opinions
- Harris EstateSupreme Court of Pennsylvania · 1944
- Lilly v. MenkeSupreme Court of Missouri · 1894
- Kates's EstateSupreme Court of Pennsylvania · 1925
- McCutcheon's EstateSupreme Court of Pennsylvania · 1925
- Lilly v. MenkeSupreme Court of Missouri · 1898
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