Estate of Evans
Superior Court of Pennsylvania
Appeal, No. 34, Jan. T., 1898, by Ann Jones, from decree of O. C. Luzerne Co., No. 198 of 1890, refusing to entertain petition for an order upon Evan M. Evans to pay to her the distributive share as widow in the personal estate of her husband, found and declared by the said court to be due to her and in the hands of said Evans, guardian, and refusing to make such order. Exceptions to guardian’s account.
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Appeal, No. 34, Jan. T., 1898, by Ann Jones, from decree of O. C. Luzerne Co., No. 198 of 1890, refusing to entertain petition for an order upon Evan M. Evans to pay to her the distributive share as widow in the personal estate of her husband, found and declared by the said court to be due to her and in the hands of said Evans, guardian, and refusing to make such order. Exceptions to guardian’s account. Before Darte, P. J. The facts sufficiently appear from the report of the preceding case in the matter of Lizzie Evans’ estate, except that it appears from the record that the amount of money…
1Opinion of the Court
Opinion by
Porter, J.,
The widow’s share of a decedent’s estate passed (with the assent of the administrator), together with the interests of the wards, directly to the guardian. This appeal is from the refusal of the orphans’ court, upon the account of the guardian, to make an order on him to pay to the widow her alleged share of the estate of the minors’ deceased father. The amount claimed is not alleged to be a part of the estate of the minors. The guardian did not bring it into his account, nor should he have done so. It had no place there: Baskin’s Appeal, 34 Pa. 272; Walton’s Appeal, 174…
2Cases cited2 opinions
- Baskin's AppealSupreme Court of Pennsylvania · 1859
- Elizabeth Walton's EstateSupreme Court of Pennsylvania · 1896