Legal Opinion

Williams's Appeal

Supreme Court of Pennsylvania

Decided February 1, 1847PublishedCited by 6 opinions

Erom the Register’s Court of Montgomery. Deo. 31. W. Shaeffer having made a will, appointing two of his ■sons executors, died, leaving a widow and four sons and three daughters.

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Erom the Register’s Court of Montgomery. Deo. 31. W. Shaeffer having made a will, appointing two of his ■sons executors, died, leaving a widow and four sons and three daughters. The executors, by writing, renounced and desired the appointment of appellant, who was a stranger, as administrator: whereupon letters were granted and bond given, in June, 1846. In May, 1847, one of the sons and a daughter of the testator, the widow being dead, petitioned for a revocation of the letters, and prayed that they should be granted to the .children who had not renounced, or some of them. After service of…

1Opinion of the CourtCoulter, J.

The decree of the Register’s Court, re-

voking the letters of administration, with the will annexed, granted by the Register to George S. Williams, was right. When the executors nominated in the will of William Shaeffer, deceased, renounced the trust, they had no authority whatever to designate any person to be appointed administrator Avith the will annexed. The widow of the deceased, it is true, also declined the trust, and she Avould have been first entitled to the administration after the renunciation of the executors. But she intimated no desire or request that Williams should be…

2Cases cited1 opinion

  1. Ellmaker's EstateSupreme Court of Pennsylvania · 1835

3Cited by6 opinions

  1. Schulz EstateSupreme Court of Pennsylvania · 1958
  2. Phillip's EstateSupreme Court of Pennsylvania · 1928
  3. Estate of SwartSupreme Court of Pennsylvania · 1899
  4. In Re Estate of JonesSupreme Court of North Carolina · 1919
  5. Nearhoof EstatePennsylvania Orphans' Court, Mifflin County · 1956

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