Estate of Graves
Supreme Court of Pennsylvania
APPEAL BY A. B. YEAGER EROM THE ORPHANS’ COURT OE BERKS COUNTY. No. 387 January Term 1889, Sup. Ct.; court below, number and term not shown.
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APPEAL BY A. B. YEAGER EROM THE ORPHANS’ COURT OE BERKS COUNTY. No. 387 January Term 1889, Sup. Ct.; court below, number and term not shown. On April 8, 1887, a paper signed by Sarah P. Graves, widow of Henry B. Graves, deceased, giving notice to the administrator of her husband’s estate of her election to retain real estate to the value of $300, and requesting that the same be appraised and set apart according to law, was filed in the court below, along with a return of appraisers, appointed in pursuance thereof, certifying that after being duly sworn they went upon and examined the real…
1Opinion of the Court
Opinion,
Mr. Justice McCollum :
The act of April 14, 1851, P. L. 613, is a sufficient answer to the appellant’s claim, and to the question raised by this record. It allows the widow or children of a decedent to retain either real or personal property of his estate to the value of $300. It clearly confers on its beneficiaries the right to elect in what property they will take their exemption, with the single restriction that a selection of real estate shall not affect or impair any lien for the purchase money of it. An ordinary judgment lien is no obstruction to the exercise of this right, and…
2Cited by5 opinions
- Stachnick EstateSupreme Court of Pennsylvania · 1954
- Rigg's EstateSuperior Court of Pennsylvania · 1911
- Benner v. Benner, Pennsylvania Court of Common Pleas, Montgomery County1935
- Koss' EstatePennsylvania Orphans' Court, Philadelphia County · 1947
- Miller EstatePennsylvania Orphans' Court, Philadelphia County · 1962