Brinton's Estate
Supreme Court of Pennsylvania
From the Orphans’ Court of Lancaster. In 1837, William Brinton, by his will, bequeathed “to my daughter Elizabeth, wife of James Smith (exclusive of what I advanced to her and her husband, shortly after their marriage, in money, furniture, &c., and of the money her husband has since received from me, and part of it never refunded), $3,325, to be paid to her in one year after my decease.”
Read the full summary
From the Orphans’ Court of Lancaster. In 1837, William Brinton, by his will, bequeathed “to my daughter Elizabeth, wife of James Smith (exclusive of what I advanced to her and her husband, shortly after their marriage, in money, furniture, &c., and of the money her husband has since received from me, and part of it never refunded), $3,325, to be paid to her in one year after my decease.” He gave legacies to his other children, and the residue he bequeathed among his five daughters. In 1837, and on October 4th, 1841, he made several codicils, but there was no allusion in them to the legacy to…
1Opinion of the CourtCoulter, J.
The court below were perfectly right in disallowing the several items of credit to the administrators, embraced and covered by the sum of $579.19, in the aggregate. $395 was no doubt considered an adequate allowance for the collection of 'Smith & Walton’s bonds, in the settlement of the accounts of the executor, as it most certainly ought .to have been. Then was the proper time for adjusting the matter, as those bonds were included in the supplementary account. The allowance for commissions and trouble to the executors being in the lump, and apparently sufficiently large, it would be out of…
2Cited by1 opinion
- Shouldice v. McLeod's EstateMichigan Supreme Court · 1906