Appeal of McCulloch
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Mifflin county: Of July Term 1885, No. 68. This was an appeal of Joseph McCulloch, guardian of Ellen Fetzer and Gertie Fetzer, and T. F. McCoy, committee of Wifi liam Fetzer, a declared lunatic, from a decree of the Orphans’ Court of Mifflin county, distributing balance of the personal property in the hands of the administrator cum testamento annexo of George Fetzer, deceased.
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Appeal from the Orphans’ Court of Mifflin county: Of July Term 1885, No. 68. This was an appeal of Joseph McCulloch, guardian of Ellen Fetzer and Gertie Fetzer, and T. F. McCoy, committee of Wifi liam Fetzer, a declared lunatic, from a decree of the Orphans’ Court of Mifflin county, distributing balance of the personal property in the hands of the administrator cum testamento annexo of George Fetzer, deceased. The following are the facts as found by Rufus C. Elder, Esq., the Auditor appointed by the Court to distribute the fund in the hands of the administrator of George Fetzer, deceased. The…
1Opinion of the CourtJustice Sterkett
The single question, presented by the specifications of error in this case, is whether Jennie P. Fetzer, appellee’s ward should be considered an after-born child of the testator within the meaning of the Act of April 8th, 1833, sect. 15, which provides : “ When any person shall make his last will and testament, and afterwards shall marry or have a child or children not provided for in such will, and die leaving a widow and child, or either a widow, or child or children, although such child or children be born after the death of their father, every such person, so far as shall regard the…
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