Watterson's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Allegheny county : Of October and November Term 1880, No. 165. Appeal of A. Y. D. Watterson, trustee cum testamento annexo of the estate of William Maloney, deceased, from thn decree of court upon the exceptions to the account of appellant as said trustee. On the 28th of December 1870, William Maloney died, leaving a widow and five minor children.
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Appeal from the Orphans’ Court of Allegheny county : Of October and November Term 1880, No. 165. Appeal of A. Y. D. Watterson, trustee cum testamento annexo of the estate of William Maloney, deceased, from thn decree of court upon the exceptions to the account of appellant as said trustee. On the 28th of December 1870, William Maloney died, leaving a widow and five minor children. By his will he, inter alia, made the provision in regard to his policy of life insurance which will be found in the opinion of this court. On June 1st 1878, John Mullin was discharged from his execu: torship of said…
1Opinion of the CourtJustice Gordon
Though a widow’s statutory interest in the lands of her deceased husband, under the Act of 1833, comes not within the definition of common-law dower, it is, nevertheless, an estate of freehold: Schell’s Appeal, 4 Wright 170; Gourley v. Kinley, 16 P. F. Smith 270; Bachman v. Chrisman, 11 Harris 162. Moreover, this interest, vesting as it does in her at the instant of her husband's death, can only be divested by her own act, as by accepting under her husband’s will, or by her deed or writing, as prescribed by the Statute of Frauds and Perjuries. Mrs. Bridget Maloney, immediately on the death of…
2Cited by1 opinion
- Coane's EstatePennsylvania Orphans' Court, Philadelphia County · 1932