Bertin's Estate
Supreme Court of Pennsylvania
Appeal, No. 365, Jan. T., 1913, by Julia Acly, from decree of O. C. Philadelphia Co., July T., 1911, No. 222, dismissing exceptions to adjudication in Estate of Helen Malcolmson Serrill Bertin, deceased. Exceptions to adjudication. The auditing judge, Anderson, J., stated the facts in part as follows: The testatrix, who was by birth an American citizen, had intermarried with a Frenchman, M. Bertin, and thus became a citizen of France.
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Appeal, No. 365, Jan. T., 1913, by Julia Acly, from decree of O. C. Philadelphia Co., July T., 1911, No. 222, dismissing exceptions to adjudication in Estate of Helen Malcolmson Serrill Bertin, deceased. Exceptions to adjudication. The auditing judge, Anderson, J., stated the facts in part as follows: The testatrix, who was by birth an American citizen, had intermarried with a Frenchman, M. Bertin, and thus became a citizen of France. The marriage was under the French law of separate estates, by which married women retain the control of their property after marriage. She died domiciled at…
1Opinion of the Court
Opinion by
Me. Justice Mesteezat,
We agree entirely with the conclusion of the learned court below, and that it entered a proper decree under the facts and law applicable to the case. The question involved is not one of jurisdiction, but of the proper exercise of the discretionary power of the court to require the claimant, under the facts, to establish the validity of her legacy in the domiciliary jurisdiction before the ancillary jurisdiction will direct its payment out of the fund for distribution in this proceeding. In Dent’s Appeal, 22 Pa. 514, 520, it is said: “But it must be re*261member ed…
2Cases cited1 opinion
- Dent's AppealSupreme Court of Pennsylvania · 1854
3Cited by12 opinions
- Easby's EstateSupreme Court of Pennsylvania · 1925
- Middleby's EstateSupreme Court of Pennsylvania · 1915
- Frazier EstatePennsylvania Orphans' Court, Philadelphia County · 1951
- Breintall's EstatePennsylvania Orphans' Court, Philadelphia County · 1936
- Estate of Grimani, Pennsylvania Court of Common Pleas, Philadelphia County1981
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