King's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Adams county: Of May Term 1877, No. 140. Adam Sowers died in 1868, leaving a widow, Lucinda, and three minor children, of whom John L. Bupp was appointed guardian. The widow married Isaiah King, in 1876. The children did not make their home with the step-father, but lived elsewhere, under arrangements made by the guardian. Their mother died in December 1876, seised and possessed of certain real estate and personal property.
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Appeal from the Orphans’ Court of Adams county: Of May Term 1877, No. 140. Adam Sowers died in 1868, leaving a widow, Lucinda, and three minor children, of whom John L. Bupp was appointed guardian. The widow married Isaiah King, in 1876. The children did not make their home with the step-father, but lived elsewhere, under arrangements made by the guardian. Their mother died in December 1876, seised and possessed of certain real estate and personal property. The husband administered upon the estate, and to him the guardian applied to have appraised and set apart $300 worth of property elected…
1Opinion of the CourtJustice Mercur
The precise point in contention is presented for the first time in this court: that is, whether, in case a Avife and mother, living with her husband, and owning separate property, dies leaving children, they are entitled to three hundred dollars’ worth of her property, under the Act of 14th April 1851. That act declares “ the widoAV or the children of any decedent, dying within this Commomvealth, testate or intestate, may retain either real or personal property, belonging to said estate, to the value of three hundred dollars, and the same shall not be sold, but suffered to remain for the use…
2Cited by3 opinions
- Ochsenhirt EstateSuperior Court of Pennsylvania · 1945
- First National Bank & Trust Co. v. Jackson, Pennsylvania Court of Common Pleas, Franklin County1939
- Gravatt's EstatePennsylvania Orphans' Court, Philadelphia County · 1944