Legal Opinion

Omohundro's Estate

Supreme Court of Pennsylvania

Decided May 26, 1870PublishedCited by 1 opinion

Appeal by the Commonwealth from the decree of the Orphans’ Court of Lancaster county in the distribution of the estate of Silas Omohundro, deceased. The decedent was a resident of Richmond, Virginia, where he died about July 1st 1864, leaving real estate in Pennsylvania.

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Appeal by the Commonwealth from the decree of the Orphans’ Court of Lancaster county in the distribution of the estate of Silas Omohundro, deceased. The decedent was a resident of Richmond, Virginia, where he died about July 1st 1864, leaving real estate in Pennsylvania. He left a will dated at Richmond, March 16th 1864, and proved there on the 4th of July; admitted to probate by the register of Lancaster county, Pennsylvania, on the 4th of November 1865, and letters of administration c. t. a. granted to William Carpenter. The parts of the will material t'o the case are as follows :— “ In the…

1Opinion of the Court

The opinion of the court was delivered, July 7th 1870, by

Agnew, J.

— It seems to us the auditor made a plain mistake in inferring a marriage between Silas Omohundro and Corinna his slave from the testimony of those who heard him declare her to be his wife while on their visits to Pennsylvania. The fact of marriage is contradicted by the will and by all the circumstances. Corinna and her children both claim under this will the property which is sought to be taxed as a collateral inheritance. Nowhere in the will is she denominated his wife, or is it intimated that she sustained such a relation…

2Cited by1 opinion

  1. Commonwealth v. TucciSchuylkill County Court of Quarter Sessions · 1929

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