Evans's Estate
Supreme Court of Pennsylvania
Appeal, No. 30, Jan. T., 1892, by Jane G-. Bryan, legatee, from decree of O. C. Lancaster Co., adjudicating executor’s first account. The facts are stated in the opinion of the Supreme Court. The auditor, A. F. Hostetter, after stating the facts, said, inter alia: “ It is strenuously contended on behalf of the pecuniary legatees under the will, that, even if the devisees can be made whole, it can be done only after ^hey have been first fully paid.
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Appeal, No. 30, Jan. T., 1892, by Jane G-. Bryan, legatee, from decree of O. C. Lancaster Co., adjudicating executor’s first account. The facts are stated in the opinion of the Supreme Court. The auditor, A. F. Hostetter, after stating the facts, said, inter alia: “ It is strenuously contended on behalf of the pecuniary legatees under the will, that, even if the devisees can be made whole, it can be done only after ^hey have been first fully paid. Inasmuch as the election of the widow takes away half of the present fund for distribution, and the total of the legacies is far beyond the amount…
1Opinion of the Court
Opinion by
Mb. Chief Justice Paxson,
It is the settled rule in Pennsylvania that where a wife elects to take against her husband’s will, equity executes the substituted devises and bequests to the wife as a trust in her for the benefit of the disappointed claimants to the amount of their interest therein, and the court will assume jurisdiction to sequester the benefit intended for the refusing wife in order to secure compensation to those whom her election disappoints: Sandoe’s Ap., 65 Pa. 314; Gallagher’s Ap., 76 Pa. 296; Young’s Ap., 108 Id. 17; Ferguson’s Est., 138 Id. 208; Batione’s Est.,…
2Cases cited3 opinions
- Gallagher's EstateSupreme Court of Pennsylvania · 1874
- Sandoe's AppealSupreme Court of Pennsylvania · 1870
- Estate of BationePennsylvania Orphans' Court, Philadelphia County · 1890
3Cited by3 opinions
- Merchants' Nat. Bank of Mobile v. HubbardSupreme Court of Alabama · 1931
- Ostrom v. DatzSupreme Court of Pennsylvania · 1922
- Leven Good's EstateSuperior Court of Pennsylvania · 1909