Follweiler's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Lehigh county: Of January Term 1883, No. 361. Appeal by Mary Follweiler, widow of Jonas Follweiler, deceased, from a decree of said court, making distribution of the proceeds of certain real estate of the decedent, sold by order of the Orphans’ Court for the payment of debts. After payment of debts a balance remained for distribution under the testator’s will.
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Appeal from the Orphans’ Court of Lehigh county: Of January Term 1883, No. 361. Appeal by Mary Follweiler, widow of Jonas Follweiler, deceased, from a decree of said court, making distribution of the proceeds of certain real estate of the decedent, sold by order of the Orphans’ Court for the payment of debts. After payment of debts a balance remained for distribution under the testator’s will. Before the Auditor (A. H. Focht, Esq.), appointed to make distribution of said balance in the hands of the executor, the following facts appeared : Jonas Follweiler died March 28th 1878, having by his…
1Opinion of the CourtJustice Trunkey
In Postlethwaite’s Appeal, 68 Pa. St. 477, it was said : “ It has been long and well settled, and indeed it is a principle so consonant to reason, that the only wonder is that it should ever have been questioned, that all the surrounding circumstances of a testator — his family, the amount and character of his property, may and ought to be taken into consideration in giving a construction to the provisions of his will.” In view of the circumstances in which the testator made his will, as to his property, or his family, the meaning of his words may be plain where otherwise it would be…
2Cases cited1 opinion
- Hambright's AppealSupreme Court of Pennsylvania · 1855
3Cited by19 opinions
- Allen v. HirlingerSupreme Court of Pennsylvania · 1907
- Kennedy v. Pittsburg & Lake Erie RailroadSupreme Court of Pennsylvania · 1907
- Rogers' EstateSupreme Court of Pennsylvania · 1914
- Shaffer's EstateSupreme Court of Pennsylvania · 1918
- Boyle v. BoyleSupreme Court of Pennsylvania · 1893
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