Smith's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia county from the decree of said court in the adjudication of the executor’s account in the estate of Stephen Smith, deceased: Of January Term, 1888, No. 431. The following are the facts as they are stated by the auditing judge, Ashman, J.. in his opinion: Stephen Smith died October 9th, 1884, leaving a will dated November 9th, 1878, and a codicil dated May 11th, 1881. He left surviving him a widow, the appellant (by whom he had…
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Appeal from the Orphans’ Court of Philadelphia county from the decree of said court in the adjudication of the executor’s account in the estate of Stephen Smith, deceased: Of January Term, 1888, No. 431. The following are the facts as they are stated by the auditing judge, Ashman, J.. in his opinion: Stephen Smith died October 9th, 1884, leaving a will dated November 9th, 1878, and a codicil dated May 11th, 1881. He left surviving him a widow, the appellant (by whom he had no children), and six children by a former wife. By his will he gave his executors 115,000 in trust to invest and pay the…
1Opinion of the CourtJustice Paxson
We see no reason why the appellant should not be held to her ante-nuptial contract. It is true she has repented of her bargain. This, however,, is not sufficient in the absence of proof of fraud or concealment practiced upon her in the procurement of said contract. While her husband was a much richer man at the time of his death than when the contract was made, yet this fact does not enter into the question of its validity. He left her by his will the income of $15,000 for her life, which was over and above what he was bound to do by the contract.
We cannot say that the provision made for her…
2Cited by19 opinions
- McClellan EstateSupreme Court of Pennsylvania · 1950
- Kaufmann EstateSupreme Court of Pennsylvania · 1961
- Bibelhausen v. BibelhausenWisconsin Supreme Court · 1915
- Emery EstateSupreme Court of Pennsylvania · 1949
- Appeal of NeelySupreme Court of Pennsylvania · 1889
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