Evans's Estate
Superior Court of Pennsylvania
Appeal, No. 163, Oct. T., 1902, by Oliver Evans, from decree of O. C. Phila. Co., Oct. T., 1891, No. 277, refusing widow’s exemption, in estate of Lewis B. Evans. Petition for widow’s exemption.
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Appeal, No. 163, Oct. T., 1902, by Oliver Evans, from decree of O. C. Phila. Co., Oct. T., 1891, No. 277, refusing widow’s exemption, in estate of Lewis B. Evans. Petition for widow’s exemption. The petition was resisted on account of the following decree : And now, December 9, 1893, it is ordered and decreed that a divorce be granted unto the libellant from the respondent a mensa et thoro ; that the respondent pay the arrears of alimony due to the libellant from February 14,1892, to this date, at the rate of $6.25 per week, being the sum of $598.81; and that the said alimony to be hereafter…
1Opinion of the Court
Opinion by
William W. Porter, J.,
Does a decree of divorce a mensa et thoro at the suit of the wife defeat her claim to the $300 exemption out of the estate of her husband at his death ? The court below has decided that it does not. No authority is needed for the statement that the right to the exemption is dependent upon the existence of a family relation at the time of the decedent’s death. The question is thus narrowed to the inquiry: To what extent does a decree of divorce a mensa et thoro affect such relation ? The court below ascertained by an examination of the record of the divorce…
2Cases cited2 opinions
- Hettrick v. HettrickSupreme Court of Pennsylvania · 1867
- Terry's AppealSupreme Court of Pennsylvania · 1867
3Cited by2 opinions
- Main's EstatePennsylvania Orphans' Court, Lackawanna County · 1924
- Mallory's EstatePennsylvania Orphans' Court, Centre County · 1925