Ludwig's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Mercer county: Of July Term 1882, No. 47. This was an appeal, by Ephraim Ludwig, a son of Abraham Ludwig, deceased, from a decree of said court dismissing his exceptions to an appraisement of $300 worth of personal property of the decedent, and the setting apart the same for the use of Eva Ludwig, decedent’s widow.
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Appeal from the Orphans’ Court of Mercer county: Of July Term 1882, No. 47. This was an appeal, by Ephraim Ludwig, a son of Abraham Ludwig, deceased, from a decree of said court dismissing his exceptions to an appraisement of $300 worth of personal property of the decedent, and the setting apart the same for the use of Eva Ludwig, decedent’s widow. Abraham Lridwig died intestate November 25th 1881, seised and possessed of real and personal estate valued at over $28,000, leaving to survive him a widow, Eva Ludwig, and eleven children by a former wife, including the appellant. Letters of…
1Opinion of the CourtJustice Paxson
It was decided in Tiernan v. Binns, 31 Norris 248, that where a woman about to marry relinquishes by an ante-nuptial contract, all right of dower, and all interest-of any kind whatever to which she might be entitled in the estate of her intended husband by reason of her marriage, she waives her right to $300 of her husband’s estate under the Act of April 14th 1851.
It was contended, however, that this case does not come within the rule of Tiernan v. Binns for the reason that the ante-nuptial contract was a fraud upon the wife; that the provision contained therein for the latter was inadequate,…
2Cited by10 opinions
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- Goeckel's EstateSuperior Court of Pennsylvania · 1938
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