Legal Opinion

Gilbert's Estate

Supreme Court of Pennsylvania

Decided March 9, 1910No. Appeal, No. 47PublishedCited by 21 opinions

Jan. T., 1910, by Anna B. Foreman, from decree of O. C. Franklin Co., No. 47, of 1909, dismissing exceptions to appraisement in Estate of Henry C. Gilbert, deceased. Exceptions to widow’s appraisement. Before Gillan, P. J. The facts appear in the opinion of the Supreme Court. Error assigned was in dismissing exceptions.

1Opinion of the Court

Opinion by

Mr. Justice Elicin,

March 28, 1910:

In the court below and here it was and is attempted to be shown that the act of 1909 relating to the descent and distribution of the estates of intestates is unconstitutional. It is contended that the act offends against secs. 3, 6 and 7 of art. Ill of the constitution. If the act was passed in disregard of any one of these constitutional requirements it must fall, but the learned court below was of opinion that these provisions of the organic law were not contravened and that the act was a valid exercise of legislative power. We concur in this…

2Cases cited3 opinions

  1. In re Greenfield AvenueSupreme Court of Pennsylvania · 1899
  2. Pinkerton v. Pennsylvania Traction Co.Supreme Court of Pennsylvania · 1899
  3. James Smith Woolen Machinery Co. v. BrowneSupreme Court of Pennsylvania · 1903

3Cited by21 opinions

  1. Ewalt v. Pennsylvania Turnpike CommissionSupreme Court of Pennsylvania · 1955
  2. Page v. CarrSupreme Court of Pennsylvania · 1911
  3. Reber's PetitionSupreme Court of Pennsylvania · 1912
  4. Garrett v. TurnerSupreme Court of Pennsylvania · 1912
  5. State Ex Rel. Gammons v. ShaferNorth Dakota Supreme Court · 1933

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