Mounts' Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Washington county: Of October Term, 1884, No. 67. Appeal from a decree of said court reversing the report of an Auditor appointed to make distribution of the fund in the hands of N. Bearly, executor,, under the last will and testament of John Patterson, deceased.
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Appeal from the Orphans’ Court of Washington county: Of October Term, 1884, No. 67. Appeal from a decree of said court reversing the report of an Auditor appointed to make distribution of the fund in the hands of N. Bearly, executor,, under the last will and testament of John Patterson, deceased. John Patterson, a farmer of Washington county, died testate, in 1861, leaving to survive him a widow, Jemima Patterson, his second wife, and several sons and daughters, children of his first wife. The said Jemima Patterson was a widow with two children when he married her, one of whom afterwards…
1Opinion of the CourtJustice Gordon
When John Patterson, by his will, directed that after his death his farm should be rented and the proceeds, or so much thereof as might be necessary for that purpose, should be appropriated to the maintenance of his widow during her life, he did not intend that this appropriation should be used merely as a suppleihent to her own industry, or to the charity of her child or children. The bequest was to be measured by the reasonable cost of her living, and it can matter nothing to *405the estate bow she obtained that living’. Had the farm been rented as was intended by the testator, she could have…
2Cited by2 opinions
- Baylor's EstateSupreme Court of Pennsylvania · 1915
- Houston v. HoustonCourt of Chancery of Delaware · 1922