Kenworthy's Estate
Superior Court of Pennsylvania
Appeal, No. 277, Oct. T., 1911, by Elizabeth Haywood, from decree of O. C. Phila. Co., Oct. T., 1910, No. 694, sustaining exceptions to adjudication in Estate of Sarah A. Kenworthy. Exceptions to adjudication. The facts are stated in the opinion of the Superior Court. The auditing judge, Anderson, J., held, that the legacies to Mary Wine and Elizabeth Haywood did not abate because of deficiency of assets, but were payable out of the fund in the bank and trust company.
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Appeal, No. 277, Oct. T., 1911, by Elizabeth Haywood, from decree of O. C. Phila. Co., Oct. T., 1910, No. 694, sustaining exceptions to adjudication in Estate of Sarah A. Kenworthy. Exceptions to adjudication. The facts are stated in the opinion of the Superior Court. The auditing judge, Anderson, J., held, that the legacies to Mary Wine and Elizabeth Haywood did not abate because of deficiency of assets, but were payable out of the fund in the bank and trust company. Exceptions to the adjudication were sustained by the court in an opinion by Lamorelle, J. Error assigned was in sustaining…
1Opinion of the Court
OpimoN BY
Head, J.,
The- testatrix died December1 21, 1909; having first executed her1 will dated May 10', 1907. The' first eight paragraphs thereof are devoted1 to bequests to various persons of articles' of jewelry; household furniture and the like. The ninth paragraph is as' follows: “Ninth:— I order and direct that all the money I have in bank or in the Manayunk Trust Company shall be divided among my nieces and nephews and Mrs. James Weider, the elder, in equal proportions.” The tenth paragraph directs the, executor to make sale of the real estate belonging to the testatrix and provides…
2Cases cited1 opinion
- Appeal of the Pennsylvania Co. for Insurances on Lives & Granting AnnuitiesSupreme Court of Pennsylvania · 1885
3Cited by9 opinions
- Torchiana's EstateSupreme Court of Pennsylvania · 1928
- Moore v. GilbertSupreme Court of Pennsylvania · 1926
- Earle's EstateSupreme Court of Pennsylvania · 1938
- Hickman's EstateSuperior Court of Pennsylvania · 1936
- White EstatePennsylvania Orphans' Court, Philadelphia County · 1948
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