Warner's Estate
Supreme Court of Pennsylvania
Appeal, No. 129, Oct. T., 1903, by R. E. Warner, and Lawrence Warner, from decree of O. C. Allegheny Co., Jan. T., 1903, No. 206, revoking letters of administration in estaté of E. S. Warner, deceased. Petition to revoke letters of administration. From the record it appeared that on July 6, 1897, Dr. E. S. Warner and Mary Sands, being in contemplation of marriage, executed an agreement in writing, by which they relinquished all marital rights in each other’s estates.
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Appeal, No. 129, Oct. T., 1903, by R. E. Warner, and Lawrence Warner, from decree of O. C. Allegheny Co., Jan. T., 1903, No. 206, revoking letters of administration in estaté of E. S. Warner, deceased. Petition to revoke letters of administration. From the record it appeared that on July 6, 1897, Dr. E. S. Warner and Mary Sands, being in contemplation of marriage, executed an agreement in writing, by which they relinquished all marital rights in each other’s estates. The auditing judge, Miller, J., found other facts as follows : On August 11, 1897, an addition to the foregoing agreement was…
1Opinion of the Court
Opinion by
Mb,. Justice Bbown,
The renunciation by the appellee of her right to administer on the estate of her deceased husband was clearly due to her mistaken belief, under the facts as developed at the hearing in the court below, that she had relinquished all of her marital rights bjr her antenuptial agreement. This was originally executed July 6, 1897, and by its terms the prospective husband, nearly eighty years of age, and possessed of a competence, cut off the woman he was about to marry, twenty years his junior, without a cent for her support from his estate after his death. It is so…
2Cases cited5 opinions
- Bierer's AppealSupreme Court of Pennsylvania · 1880
- In re Bieber's AppealSupreme Court of Pennsylvania · 1849
- Cornpropst's AppealSupreme Court of Pennsylvania · 1859
- Wilkey's AppealSupreme Court of Pennsylvania · 1885
- Eichelberger's AppealSupreme Court of Pennsylvania · 1835
3Cited by24 opinions
- Kaufmann EstateSupreme Court of Pennsylvania · 1961
- Baker v. BakerCourt of Appeals of Tennessee · 1940
- Friese's EstateSupreme Court of Pennsylvania · 1934
- Schulz EstateSupreme Court of Pennsylvania · 1958
- Clark's EstateSupreme Court of Pennsylvania · 1931
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