Hulton's Appeal
Supreme Court of Pennsylvania
Appeal from tbe Orphans’ Court of Allegheny county: Of October Term 1883, No. 28. Appeal of Martha Hulton, executrix of Jonathan Hulton, deceased, from a decree of said court, surcharging her, in her account as executrix, with certain sums used by her out of the estate of tbe decedent for tbe payment of his debts.
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Appeal from tbe Orphans’ Court of Allegheny county: Of October Term 1883, No. 28. Appeal of Martha Hulton, executrix of Jonathan Hulton, deceased, from a decree of said court, surcharging her, in her account as executrix, with certain sums used by her out of the estate of tbe decedent for tbe payment of his debts. At tbe audit of her account as executrix the'following facts appeared : Jonathan Ilulton died, testate, August 10th 1876. In bis will, dated August loth 1873, be made,'" inter alia, tbe following provisions : “ To the heirs of my son James, I give . . . . tbe lot I sold to my…
1Opinion of the CourtJustice Gordon
The will of Jonathan Hulton is not as clear and unambiguous as it might have been, nevertheless by taking it and the codicil together, we think it ia possible to discover with a reasonable degree of certainty, his testamentary intention. Martha, his unmarried daughter, seems to have been the principal object of his care and bounty. To her he gives first, a lot of ground one hundred feet square, and in consideration thereof requires her to pay one hundred dollars each to the five children of James Hulton. Next, he devises to her his dwelling-house and every thing in it-, except such articles…
2Cited by2 opinions
- Wadsworth's EstateSuperior Court of Pennsylvania · 1916
- Minns EstatePennsylvania Orphans' Court, Clearfield County · 1960