Myers's Estate
Superior Court of Pennsylvania
Appeal, No. 254, Oct. T., 1902, by Clara Myers, widow of John E. Myers, deceased, from decree O. C. Blair Co., No. 174, 1902, disallowing widow’s exemption in estate of John E. Myers, deceased. Petition for widow’s exemption. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 254, Oct. T., 1902, by Clara Myers, widow of John E. Myers, deceased, from decree O. C. Blair Co., No. 174, 1902, disallowing widow’s exemption in estate of John E. Myers, deceased. Petition for widow’s exemption. The facts are stated in the opinion of the Superior Court. The portion of the opinion of Judge Bell referred to in the opinion of the Superior Court is as follows: Viewing the evidence in th® present case in the light of the law just quoted, the application of Mrs. Clara Myers for the benefit of $300 exemption acts must be refused. On her own testimony alone she was not…
1Opinion of the Court
Opinion by
Rice, P. J.,
These propositions which apply to and control this case are established by the decisions : first, where a wife without reasonable cause leaves her husband and renounces all conjugal intercourse a considerable time before his death, she becomes not such a widow after his death as was in contemplation, of the legislature when the acts of assembly were passed which entitle her to appropriate $300 of his estate to her own use; second, the reasonable cause which justifies a wife in abandoning her husband and prevents the application of the foregoing principle is such as would…
2Cases cited5 opinions
- Mendenhall v. MendenhallSuperior Court of Pennsylvania · 1900
- Appeal of NyeSupreme Court of Pennsylvania · 1889
- Estate of HenkelSuperior Court of Pennsylvania · 1900
- Odiorne's AppealSupreme Court of Pennsylvania · 1867
- Roth v. RothSuperior Court of Pennsylvania · 1900
3Cited by1 opinion
- August Braum's EstateSuperior Court of Pennsylvania · 1925