Estate of Kurtz
Pennsylvania Orphans' Court, Jefferson County
No. 56 October Term 1891, Sup. Ct.; court below, No. 13 December Term 1889, O. C. On October 31, 1889, George H. Wingert, executor of the will of George M. Kurtz, deceased, filed his account, and on confirmation thereof it was referred to Mr. Henrg 0. Campbell, as auditor, for distribution.
Read the full summary
No. 56 October Term 1891, Sup. Ct.; court below, No. 13 December Term 1889, O. C. On October 31, 1889, George H. Wingert, executor of the will of George M. Kurtz, deceased, filed his account, and on confirmation thereof it was referred to Mr. Henrg 0. Campbell, as auditor, for distribution. On May 1,. 1890, the auditor filed a report finding'as facts that the testator died on July 28,1881, leaving to survive him a widow, Salome Kurtz, and three minor children of whom she was the mother, to wit, Theodore M., Yiola C. and Joseph L. Kurtz. An illegitimate son named Daniel Kurtz also survived…
1Opinion of the Court
Per Curiam :
The single question here is whether the appellants, who are step-children of George M. Kurtz, deceased, are entitled to share in the distribution of the residuary portion of his estate. Both the appellants are given legacies by the will, and are designated as children “ which came to me by marriage with my wife; ” the “ second division,” as testator calls it, is to go to his wife and children. He left children of his o wn which answer this description, and we think the learned auditor was right in excluding the step-children from participation in the fund.
The decree is affirmed,…