Davies v. Murbach
Superior Court of Pennsylvania
Appeal, No. 117, April T., 1901, by plaintiff, from judgment of C. P. No. 3, Allegheny Co., May T., 1899, No. 562, on verdict for defendant, in case of Bessie Davies v. William Murbach. Trespass against an executor to recover damages for neglect to award widow’s exemption. From the record it appeared that the plaintiff was the wife of Jacob Murbach, who died on July 22, 1895, and the defendant is the executor of the will of said decedent.
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Appeal, No. 117, April T., 1901, by plaintiff, from judgment of C. P. No. 3, Allegheny Co., May T., 1899, No. 562, on verdict for defendant, in case of Bessie Davies v. William Murbach. Trespass against an executor to recover damages for neglect to award widow’s exemption. From the record it appeared that the plaintiff was the wife of Jacob Murbach, who died on July 22, 1895, and the defendant is the executor of the will of said decedent. This suit is brought by the plaintiff to recover damages for the failure on the part of the defendant to pay to the plaintiff, the widow of said Jacob…
1Opinion of the Court
Opinion by
Orlady J.,
The distribution of the whole estate of Jacob Murbach was before the orphans’ court on the hearing of the exceptions filed by the defendant to the first adjudication. The plaintiff participated in that contest and claimed the whole balance as widow of the decedent, but claimed no part of it under the provisions of the Act of April 14, 1851, P. L. 613. She had made a former demand on the executor for her f300 widow’s exemption under that act, but did not follow it up when the fund was in court for distribution. Had she asserted her claim under her exemption demand at that…
2Cases cited2 opinions
- Appeal of KernsSupreme Court of Pennsylvania · 1888
- Estate of DorscheimerSuperior Court of Pennsylvania · 1899