Legal Opinion

Sellers's Estate

Supreme Court of Pennsylvania

Decided October 9, 1876PublishedCited by 9 opinions

Appeal from the Orphans’ Court of Mifflin county: Of May Term 1876, No. 87. This was the appeal of George W. Soult, administrator cum testamento annexo of George Sellers, deceased, from the decree of the Orphans’ Court confirming the report of the auditor on exceptions filed to the account of said administrator.

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Appeal from the Orphans’ Court of Mifflin county: Of May Term 1876, No. 87. This was the appeal of George W. Soult, administrator cum testamento annexo of George Sellers, deceased, from the decree of the Orphans’ Court confirming the report of the auditor on exceptions filed to the account of said administrator. George Sellers made his will on the 5th of April 1873, wherein were certain bequests to Elizabeth Gibboney, whom he afterwards married and thus revoked the will as to her. The residue of his estate, according to the provisions of the will, was to go to his grandchildren, the children…

1Opinion of the CourtJustice Woodward

Under the statutes passed to regulate the exemption rights of widows and children in the estates of decedents, some rules have been firmly settled. The demand for the exemption must be made, or the privilege will be held to be waived: Davis’s Appeal, 10 Casey 256. It must be made within a reasonable time: Burk v. Gleason, 10 Wright 297 ; before a sale of property: Neff’s Appeal, 9 Harris 243; before the executor has incurred expenses in proceedings to effect a sale: Davis’s Appeal, supra; before the estate has been administered: Baskin’s Appeal, 2 Wright 65; and before the interests of other…

2Cited by9 opinions

  1. Buckland's EstateSupreme Court of Pennsylvania · 1913
  2. Stokes EstateSuperior Court of Pennsylvania · 1950
  3. Hollinger's EstateSupreme Court of Pennsylvania · 1917
  4. Estate of RigbySuperior Court of Pennsylvania · 1898
  5. Boyer v. ColeOrphan's Court of Delaware · 1927

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