Bear's Estate
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Chester county: No. 291, to January Term 1869. The proceedings in the court below were upon the distribution of the balance in the hands of Samuel W. Slocum, administrator, &c., of Louisa Bear, deceased. Louisa Bear, who was the wife of Martin Bear, died December 20th 1866, intestate, leaving to survive her, her husband and two minor children, of whom Jonas Chamberlain is the guardian.
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Appeal from the Orphans’ Court of Chester county: No. 291, to January Term 1869. The proceedings in the court below were upon the distribution of the balance in the hands of Samuel W. Slocum, administrator, &c., of Louisa Bear, deceased. Louisa Bear, who was the wife of Martin Bear, died December 20th 1866, intestate, leaving to survive her, her husband and two minor children, of whom Jonas Chamberlain is the guardian. The account of the administrator was confirmed June 9th 1868, showing in his hands a balance of $2162.18, due the estate. Joseph Hemphill, Esq., was appointed auditor to…
1Opinion of the Court
The opinion of the court was delivered,
by
Agnew, J.
The claim in this case against the estate of Louisa Bear arose upon a distribution in the Orphans’ Court, and not in an action to recover the sum. We have therefore no question of pleading or of averment to meet. All that is required is that the claims shall be one for necessaries for the support and maintenance of her family — that they were contracted for by her or in her name by some one authorized by her to do so, and that her husband was insolvent: 11 Casey 384; 1 Wright 251. The auditor has found these facts. It is true he says for…
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