Risk's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Lancaster County: Of July Term, 1884, No. 105. This was an appeal by Mary E. Risk, from a decree of said court, overruling her exceptions to and confirming the report of an auditor appointed to distribute a fund in the hands of said Mary E. Risk, as executrix of her deceased husband, J ames Risk, being the proceeds of real estate sold for the payment of debts, by an order of the Orphans’ Court.
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Appeal from the Orphans’ Court of Lancaster County: Of July Term, 1884, No. 105. This was an appeal by Mary E. Risk, from a decree of said court, overruling her exceptions to and confirming the report of an auditor appointed to distribute a fund in the hands of said Mary E. Risk, as executrix of her deceased husband, J ames Risk, being the proceeds of real estate sold for the payment of debts, by an order of the Orphans’ Court. The facts were as follows: James Risk, the testator, died November 9th, 1881, leaving to survive him a widow but no issue. The following is a copy of his last will and…
1Opinion of the CourtJustice Green
It seems to us this case is ruled by Walker’s Est., 3 R., 229. The terms of the bequest to the widow are practically identical with the bequest to the widow in that case. The language of James Risk’s will as to his personal estate is as follows: “ Fore My Wife Mary E. Risk to have all Bonds and all the income thereof and all money now on hand and all the Personal Property is hers.” Some of the personal property is mentioned, but that, and all other personal property are included under the general words, “ all the Personal Property is hers.” This is precisely what we held of the same kind of a…
2Cases cited2 opinions
- Case of Walker's EstateSupreme Court of Pennsylvania · 1832
- Reed v. ReedSupreme Court of Pennsylvania · 1840
3Cited by3 opinions
- Murphy, H. v. Karnek, S.Superior Court of Pennsylvania · 2017
- Anderson EstatePennsylvania Orphans' Court, Philadelphia County · 1951
- O'Leary's EstatePennsylvania Orphans' Court, Washington County · 1922