Carman's Appeal
Supreme Court of Pennsylvania
Appeal of Martha Carman from, the decree of the Orphans’ Court of Philadelphia County, adjudicating upon the account of Julianna B. Carman, executrix of the will of Hudson Carman, deceased.
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Appeal of Martha Carman from, the decree of the Orphans’ Court of Philadelphia County, adjudicating upon the account of Julianna B. Carman, executrix of the will of Hudson Carman, deceased. Hudson Carman died January 24th, 1880, leaving a last will and testament, in which he devised and bequeathed as follows: “I hereby give and bequeath to my wife, Julianna B. Carman, all the furniture, and every other article of what kind soever it may be, in any way used or connected with housekeeping, including books, pictures, and engravings, silver and silver-plated ware, and also my wardrobe, watch and…
1Opinion of the Court
— Per Curiam :
If, as is probable, a residuary bequest in the will of Hudson Carman was an accidental omission, it is an omission we cannot supply. We may conjecture that it was intended after the liberal provision made to his widow the residue should go to his next of kin, but it would only be conjecture. We see nothing in the language of the statute of wills to prevent a-widow accepting what is given to her under a will taking her share also of so much of the estate as to which the testator dies intestate.
Decree affirmed and appeal dismissed at the costs of the appellant.
2Cited by3 opinions
- Thompson's EstateSupreme Court of Pennsylvania · 1911
- Schillo's EstateSuperior Court of Pennsylvania · 1916
- Biddle EstateSupreme Court of Pennsylvania · 1953