Mohn's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Lancaster county: Of May Term 1874, No. 102. In the distribution of the estate of Elias Redcay, deceased.
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Appeal from the Orphans’ Court of Lancaster county: Of May Term 1874, No. 102. In the distribution of the estate of Elias Redcay, deceased. Emlen Franklin, Esq., was appointed auditor to report distribution of the balance in the hands of Isaac Fichthorn, executor, &c., of the decedent; he found as follows:— The decedent by his will dated March 2d 1865 and, proved February 20th 1867, gave to his wife, .certain personal property, an annuity and the use, occupation and income of part of his real estate during widowhood; these bequests he declared to be “in lieu of her dower or one-third to which…
1Opinion of the Court
Judgment was entered in the Supreme Court, May 18th 1874.
Pee Curiam.
There cannot be any doubt that the testator intended that if his widow, who was a second wife, should claim the $300 exemption, the loss to his estate should be thrown upon the share of her own child, and not upon the shares of the children by his former wife. It was the testator’s mode of equalizing his estate among his children, having provided as he thought fairly for his wife. If, therefore, she chose to reject that provision, and claim according to law and in addition to take the $300, the presumption is that she…
2Cited by8 opinions
- Schmick EstateSupreme Court of Pennsylvania · 1944
- Peden EstateSupreme Court of Pennsylvania · 1962
- Houston EstateSupreme Court of Pennsylvania · 1952
- Alexander's EstateSupreme Court of Pennsylvania · 1941
- Dulles EstateSuperior Court of Pennsylvania · 1944
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