Estate of Heppenstall
York County Orphans' Court
No. 432 January Term 1891, Sup. Ct.; court below, number and term not shown. On February 1, 1888, William Heppenstall, surviving executor of the will of John Heppenstall, deceased, filed his account showing a balance for distribution of $4,926.76, being almost entirely the proceeds of real estate sold. Exceptions having been filed to said account, Mr. Richard JE. Qoehran was appointed auditor to hear and determine .the same and to report distribution.
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No. 432 January Term 1891, Sup. Ct.; court below, number and term not shown. On February 1, 1888, William Heppenstall, surviving executor of the will of John Heppenstall, deceased, filed his account showing a balance for distribution of $4,926.76, being almost entirely the proceeds of real estate sold. Exceptions having been filed to said account, Mr. Richard JE. Qoehran was appointed auditor to hear and determine .the same and to report distribution. It was found by the auditor that the accountant’s decedent died on October 5, 1854, leaving a will dated February 19, 1851, duly admitted to…
1Opinion of the Court
Pee Ctteiam :
We are of opinion that under the will of John Heppenstall, deceased, his widow took his personal estate absolutely, as widow and legatee, and not as executrix : Markley’s Est., 132 Pa. 352; Gold’s Est., 133 Pa. 495. This disposes of the first assignment. It follows that, in the account of the surviving executor of John Heppenstall, he is chargeable only with such personal property of his testator as remained after the death of his widow. This covers the second assignment, and those that remain do not *266require notice. Tbe case was disposed of in an accurate and intelligent manner…
2Cases cited2 opinions
- Estate of GoldPennsylvania Orphans' Court, Northampton County · 1890
- Estate of MarkleySupreme Court of Pennsylvania · 1890
3Cited by14 opinions
- Evans v. OckershausenCourt of Appeals for the D.C. Circuit · 1938
- Powell's EstateSupreme Court of Pennsylvania · 1940
- Crutcher v. JoyceCourt of Appeals for the Tenth Circuit · 1943
- Hays EstateSupreme Court of Pennsylvania · 1947
- Zimmerman's EstateSuperior Court of Pennsylvania · 1903
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