Odiorne's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Register’s Court of (Theater county, confirming the decree of the register in the grant of administration on the estate of John W. Odiorne, deceased. The register granted administration on the 30th of October 1866, to David W. Odiorne, a brother of the decedent and resident of New York, against the consent of Annie I. Odiorne, his widow, and she appealed to the Register’s Court.
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Appeal from the decree of the Register’s Court of (Theater county, confirming the decree of the register in the grant of administration on the estate of John W. Odiorne, deceased. The register granted administration on the 30th of October 1866, to David W. Odiorne, a brother of the decedent and resident of New York, against the consent of Annie I. Odiorne, his widow, and she appealed to the Register’s Court. Administration was granted to her in Philadelphia on the 31st of October. The decedent and Annie Isadore Robbins, both residing in Philadelphia, were married there on the 17th of August…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, C. J.
Where a wife leaves her husband and renounces all conjugal intercourse a considerable time before his death, she becomes not such a widow, after his death, as was in the contemplation of the legislature when the Acts of Assembly were passed which entitle her to administer his estate and to appropriate $300 of it to her own use. It has been held that desertion for more than twelve years forfeits her rights under these statutes: 2 Am. Law Reg. 510. Nor is a wife within their meaning who has lived in a foreign country and never formed part…
2Cited by9 opinions
- Bell's EstateSuperior Court of Pennsylvania · 1939
- Estate of HenkelSuperior Court of Pennsylvania · 1900
- Sadowski EstateSuperior Court of Pennsylvania · 1945
- Stauffer's EstateSuperior Court of Pennsylvania · 1926
- Balmforth's EstateSuperior Court of Pennsylvania · 1904
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