Legal Opinion

Dehaven's Estate

Supreme Court of Pennsylvania

Decided March 1, 1915No. Appeal, No. 162PublishedCited by 6 opinions

Appeal, No. 162, Jan. T., 1914, by Annah B. C. DeHaven, from decree of O. C. Philadelphia Co., Jan. T., 1910, No. 445, sustaining exceptions to adjudication in estate of Holstein DeHaven, deceased. Exceptions to adjudication. Before Gummey, J. The opinion of the Supreme Court states the facts. The court sustained the exceptions of the residuary legatees in an opinion by Gest, J. Annah B. C. DeHaven, testator’s widow, appealed.

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Appeal, No. 162, Jan. T., 1914, by Annah B. C. DeHaven, from decree of O. C. Philadelphia Co., Jan. T., 1910, No. 445, sustaining exceptions to adjudication in estate of Holstein DeHaven, deceased. Exceptions to adjudication. Before Gummey, J. The opinion of the Supreme Court states the facts. The court sustained the exceptions of the residuary legatees in an opinion by Gest, J. Annah B. C. DeHaven, testator’s widow, appealed. Errors assigned were in sustaining the exceptions.

1Opinion of the Court

Opinion by

Mr. Justice Mestrezat,

This is an appeal by the widow of Holstein DeHaven, deceased, from the decree of the Orphans’ Court of Philadelphia County distributing the proceeds of the sale of certain real estate of the decedent sold by his executors. The appellant claims that the fund-should be distributed as personalty, and that as she elected to take against the will and her husband left no children, she is entitled to one-half of the fund absolutely. The residuary legatees contend that the fund must be distributed as real estate, and that the widow is only entitled to participate in…

2Cases cited4 opinions

  1. Hazard v. HazardU.S. Circuit Court for the District of Rhode Island · 1840
  2. Ryder v. JacobsSupreme Court of Pennsylvania · 1897
  3. Edwards v. TracySupreme Court of Pennsylvania · 1870
  4. Dunham v. RogersSupreme Court of Pennsylvania · 1845

3Cited by6 opinions

  1. Kirshon, Et Ux. v. FriedmanSupreme Court of Pennsylvania · 1943
  2. Kingsley Clothing Manufacturing Co. v. JacobsSupreme Court of Pennsylvania · 1942
  3. Ehmling v. D. L. Ward Co.Supreme Court of Pennsylvania · 1924
  4. Kain AccountYork County Orphans' Court · 1955
  5. American Guaranty Co. v. Sunset Realty & Planting Co.Supreme Court of Louisiana · 1944

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