Legal Opinion

Holman's Appeal

Supreme Court of Pennsylvania

Decided September 14, 1854PublishedCited by 7 opinions

Appeal from tbe decree of the Orphans’ Court of Chester county, on the account of Margaret Holman as executrix of the will of Frederick Holman, deceased, as exhibited by her personal representative.

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Appeal from tbe decree of the Orphans’ Court of Chester county, on the account of Margaret Holman as executrix of the will of Frederick Holman, deceased, as exhibited by her personal representative. Frederick Holman, who died on 21st August, 1820, seised of a hotel at Chester Springs,- and some lots of ground, in his will directed that his wife Margaret, “ during her widowhood or natural life,” should “have and enjoy in full” all his “estate and effects, real and personalbut in case of her second marriage, or death, all to be sold by his executors, and of the' proceeds the widow to have…

1Opinion of the Court

The opinion of the Court was delivered, September 14, 1854, by

Lewis, J.

The executrix was clearly accountable for the actual value of the real estate at the time it was sold in 1844. A number of witnesses were examined touching the value at that time. They varied in their estimates from $5000 to $14,000. The auditor, who had the advantages of seeing and hearing the witnesses, and of judging of their credibility from their behavior, and manner of making their statements, has fixed the value at $8000. There is nothing in the evidence to satisfy us of the existence of any such gross and manifest…

2Cases cited2 opinions

  1. Kinnard v. KinnardSupreme Court of Pennsylvania · 1836
  2. Brinton's EstateSupreme Court of Pennsylvania · 1838

3Cited by7 opinions

  1. Gramm EstateSupreme Court of Pennsylvania · 1966
  2. Trizechahn Gateway LLC v. TitusSuperior Court of Pennsylvania · 2007
  3. Underwood v. UnderwoodSupreme Court of Alabama · 1909
  4. Hart's EstateSupreme Court of Pennsylvania · 1902
  5. Moltrup EstateSupreme Court of Pennsylvania · 1967

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