Thompson's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia. This was an appeal by Mary Thompson from the decree of the court, on the report of the auditor to whom the account of Oswald Thompson, J. Hilborn Jones, and James T. Young, executors of the last will and testament of Robert Thompson, deceased, was referred.
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Appeal from the Orphans’ Court of Philadelphia. This was an appeal by Mary Thompson from the decree of the court, on the report of the auditor to whom the account of Oswald Thompson, J. Hilborn Jones, and James T. Young, executors of the last will and testament of Robert Thompson, deceased, was referred. The material facts of the case, as found by the auditor, are as follows:— Robert Thompson died in October 1858, leaving a will dated August 31st 1841, and a codicil thereto, dated March 27th 1847, which were duly admitted to probate, and letters testamentary thereon granted October 29th 1858,…
1Opinion of the Court
The opinion of the court was delivered, April 21st 1862, by
Read, J.
The contention in this case in the court below was whether the sum of $3500, paid by the testator for his son, Robert Thompson, Jr., was an advancement by the father to him in his lifetime, and Avhether it operated in that character as an ademption of his legacy as one of the residuary legatees named in the third clause of the will. The auditor decided it to be an advancement, and deducted it from the legacy. The court (Judge Ludlow) reversed this decision, and, being of opinion it Avas not an advancement, directed this sum to…
2Cited by3 opinions
- Estate of LightPennsylvania Orphans' Court, Lebanon County · 1890
- Callery's EstateSupreme Court of Pennsylvania · 1938
- Woodruff Estate, Pennsylvania Court of Common Pleas, Chester County1957