Legal Opinion

Henry Estate

Pennsylvania Orphans' Court, Fulton County

Decided September 21, 1954Published

1Opinion of the Court

Sheely, P. J.,

The claim of J. Howard Henry to the family exemption in the estate of his father, D. S. Henry, is opposed by other members of the family. The important question is whether claimant formed a part of decedent’s household.

Where there is no spouse the right to the family exemption rests in “such children as form a part of decedent’s household”: Fiduciaries Act of April 18, 1949, P. L. 512, sec. 211. While the basic reason for the exemption is to make humane provision for the immediate needs of the family following the death (Henkel’s Estate, 13 Pa Superior Ct. 337), and to give a…

2Cases cited6 opinions

  1. Hoff v. HoffSuperior Court of Pennsylvania · 1938
  2. Estate of HenkelSuperior Court of Pennsylvania · 1900
  3. Bair v. RobinsonSupreme Court of Pennsylvania · 1885
  4. Neff's AppealSupreme Court of Pennsylvania · 1853
  5. Brovdy v. Jones & Laughlin Steel Corp.Superior Court of Pennsylvania · 1941

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