Appeal of Wentz
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia county : Of January Term, 1884, No. 125. This was an appeal by Isabella Wentz and Henry C. Wentz Administrators of Thomas H. Wentz, deceased, and by Henr}1, C. Wentz in his' own right from a decree of the said court dismissing their exceptions to and confirming the report of an auditor in the matter of the account of the Pennsylvania Company for Insurance, etc., Administrator d. b. n. c. t. a. and trustee of the estate of Silas…
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Appeal from the Orphans’ Court of Philadelphia county : Of January Term, 1884, No. 125. This was an appeal by Isabella Wentz and Henry C. Wentz Administrators of Thomas H. Wentz, deceased, and by Henr}1, C. Wentz in his' own right from a decree of the said court dismissing their exceptions to and confirming the report of an auditor in the matter of the account of the Pennsylvania Company for Insurance, etc., Administrator d. b. n. c. t. a. and trustee of the estate of Silas H. Wentz, deceased. The facts were as follows: Silas H.Wentz died March 3,1854, leaving surviving him a widow, Mrs.…
1Opinion of the CourtJustice Gordon
Silas H. Wentz, by his will, directed his executors to collect and pay over all the income arising from his estate, real and personal, to his wife during her life or «widowhood. Under this direction we fail to see in what particular the distribution in the court below was wrong. The rents or royalties from the coal leases were undoubtedly “ income ” arising from the realty. Had the mines been opened in the lifetime of the testator there could be no question but that they might have been worked even to exhaustion for the benefit of the life tenant. But as the testator confers upon his…
2Cited by9 opinions
- In Re the Estate of CampbellHawaii Supreme Court · 1963
- Knox's Estate (No. 1)Supreme Court of Pennsylvania · 1937
- Bruner EstateSupreme Court of Pennsylvania · 1949
- Bruner EstateSupreme Court of Pennsylvania · 1950
- McLean EstatePennsylvania Orphans' Court, Washington County · 1952
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