Davis's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Clarion county, This was an appeal by Tabitha Davis, the widow of Isaac Davis, deceased, from the decree of the Orphans’ Court on the account of John Latshaw, administrator of the said Isaac Davis, deceased. Isaac Davis died in 1855, intestate and insolvent, leaving a widow and three minor children.
Read the full summary
Appeal from the Orphans’ Court of Clarion county, This was an appeal by Tabitha Davis, the widow of Isaac Davis, deceased, from the decree of the Orphans’ Court on the account of John Latshaw, administrator of the said Isaac Davis, deceased. Isaac Davis died in 1855, intestate and insolvent, leaving a widow and three minor children. Letters of administration on his estate were granted to John Latshaw; and on the 18th May 1855, the personal property was appraised at $144.29. At the same time, an inventory was made of personal property valued at $114.10, and real estate valued at $75, which the…
1Opinion of the Court
The opinion of the court was delivered hy
Strong, J.
The right of a widow to retain real or personal property of her deceased husband’s estate to the value of $300 is a personal privilege, no less than is that of a debtor to retain against an execution-creditor. Of course it may be waived, and it is waived entirely when she neglects to demand an appraisement: Weaver’s Appeal, 6 Harris 309; Neff’s Appeal, 9 Harris 247. It follows, that if an appraisement be made, and the widow elect to retain less than the value of $300, she waives her claim to all which she neglects to retain.
When the…
2Cited by11 opinions
- Bell's EstateSuperior Court of Pennsylvania · 1939
- Appeal of KernsSupreme Court of Pennsylvania · 1888
- Estate of HenkelSuperior Court of Pennsylvania · 1900
- Fleming's EstateSupreme Court of Pennsylvania · 1907
- Stokes EstateSuperior Court of Pennsylvania · 1950
6 more not listed; retrieve them via the Exa API.