Shomo's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Register’s Court of Berks county: to March Term 1868. Joseph Shomo died intestate May 16th 1867, leaving a widow, M^ry Shomo, and eight children, of whom John P. Shomo, Charles M. Shomo and a daughter were children of a former wife, and William D. Shomo, Joseph M. Shomo, Harrison Shomo and two daughters were children of his widow. The names of the sons are given above in the order of their ages.
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Appeal from the decree of the Register’s Court of Berks county: to March Term 1868. Joseph Shomo died intestate May 16th 1867, leaving a widow, M^ry Shomo, and eight children, of whom John P. Shomo, Charles M. Shomo and a daughter were children of a former wife, and William D. Shomo, Joseph M. Shomo, Harrison Shomo and two daughters were children of his widow. The names of the sons are given above in the order of their ages. On the 11th of June the widow filed with the register an instrument under her seal, in which she declares: “I have released and hereby do release all my right and title…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
If the widow’s renunciation of her right to administer be regarded as having been absolute, the register had a right to grant letters of administration to any one of the sons of the decedent. Within that class the law left to his discretion to make a selection. He was not bound to prefer an elder to a younger son. Our Act of Assembly makes no distinction between those in the same class. It may be a convenience, but it is not a requisition that seniority shall be regarded. But when the register had exercised his discretion, when he had made a…
2Cases cited1 opinion
- Ellmaker's EstateSupreme Court of Pennsylvania · 1835
3Cited by6 opinions
- Schulz EstateSupreme Court of Pennsylvania · 1958
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- Estate of SwartSupreme Court of Pennsylvania · 1899
- Estate of FailorSuperior Court of Pennsylvania · 1899
- Job's EstateSuperior Court of Pennsylvania · 1903
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