Legal Opinion

Appeal of Neely

Supreme Court of Pennsylvania

Decided February 25, 1889PublishedCited by 26 opinions

FROM THE DECREE OE THE ORPHANS’ COURT OE CHESTER COUNTY. No. 415 January Term 1888, Sup. Ct., court below, No..... Term 1887, O. C. On June 17,1887, Elizabeth M. Neely presented her petition to the Orphans’ Court, sotting forth: That she was the widow of Robert Neely, late of the borough of West Chester, deceased, who died May 1,1884, having first made his last will and testament, dated October 17,1884; that by his said will the testator directed his executors to set apart…

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FROM THE DECREE OE THE ORPHANS’ COURT OE CHESTER COUNTY. No. 415 January Term 1888, Sup. Ct., court below, No..... Term 1887, O. C. On June 17,1887, Elizabeth M. Neely presented her petition to the Orphans’ Court, sotting forth: That she was the widow of Robert Neely, late of the borough of West Chester, deceased, who died May 1,1884, having first made his last will and testament, dated October 17,1884; that by his said will the testator directed his executors to set apart sufficient of his personal estate to produce such an income as would pay to the petitioner the annuity of six hundred…

1Opinion of the Court

Opinion,

Mu. Chief Justice Paxson:

The appellant in this case is the widow of Robert Neely and she seeks to set aside the ante-nuptial contract between them upon the ground that it is in fraud of her rights as widow and was extorted from her unwillingly. At the time she married Robert Neely the latter was a widower of about sixty years of age, had been twice married, and had issue living by each wife. The appellant was a spinster over fifty years of age. She had an estate of $12,000; her husband had an estate several times larger. They were cousins, and after a short courtship entered into an…

2Cases cited7 opinions

  1. Kline v. KlineSupreme Court of Pennsylvania · 1868
  2. Smith's AppealSupreme Court of Pennsylvania · 1887
  3. Bierer's AppealSupreme Court of Pennsylvania · 1880
  4. Tiernan v. BinnsSupreme Court of Pennsylvania · 1880
  5. Shea v. SheaSupreme Court of Pennsylvania · 1888

2 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. McClellan EstateSupreme Court of Pennsylvania · 1950
  2. Kaufmann EstateSupreme Court of Pennsylvania · 1961
  3. Juhasz v. JuhaszOhio Supreme Court · 1938
  4. Hartz v. HartzCourt of Appeals of Maryland · 1967
  5. McCready's EstateSupreme Court of Pennsylvania · 1934

21 more not listed; retrieve them via the Exa API.

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