Spangler's Estate
Supreme Court of Pennsylvania
APPEAL from the decree of the Orphans’ Court of York county. The questions which presented themselves in this case arose out of the construction of the will and settlement of the estate of Jacob Spangler, deceased.
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APPEAL from the decree of the Orphans’ Court of York county. The questions which presented themselves in this case arose out of the construction of the will and settlement of the estate of Jacob Spangler, deceased. The material parts of the will are as follows : — Item, it is my will, and I order and direct that my plantation and tract of land, situate part in Spring Garden township, and part in the borough of York, in the county of York and state of Pennsylvania, whereon Daniel Gotwalt now lives, adjoining lands of Henry Smyser, Dr Luke Rouse, Joseph Small, the heirs of George Kuntz,…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The widow would not be entitled to interest from the death on the ground that no provision was made for her immediate support, for she was amply provided for; and it is besides entirely settled by the later decisions that a wife does not stand, as to that, on the footing of a child. She may, in one sense, be said to be a purchaser of a legacy in lieu of dower, inasmuch as it is not entirely gratuitous; but that regards not a question like the present. It is a circumstance of decisive importance in a question of abatement between her and…
2Cases cited1 opinion
- Reed v. ReedSupreme Court of Pennsylvania · 1840
3Cited by2 opinions
- Estate of FlickwirPennsylvania Orphans' Court, Philadelphia County · 1890
- Eichelberger's EstateSupreme Court of Pennsylvania · 1895