Lennig's Estate
Supreme Court of Pennsylvania
Appeal from the decree of the Orphans’ Court of Philadelphia, confirming the report of the auditor on the account of the executors, &c., of Frederick Lennig, deceased. Agnes Lennig, the appellant, is the widow of the decedent. The decedent left a will, by which he authorized his executors to sell his real estate, and divide all his estate between his widow and nine children. The widow elected to take under the intestate laws.
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Appeal from the decree of the Orphans’ Court of Philadelphia, confirming the report of the auditor on the account of the executors, &c., of Frederick Lennig, deceased. Agnes Lennig, the appellant, is the widow of the decedent. The decedent left a will, by which he authorized his executors to sell his real estate, and divide all his estate between his widow and nine children. The widow elected to take under the intestate laws. The testator at the time of his death owned á house and lot on Walnut street, and one on Poplar street, Philadelphia. The Walnut street house was subject to a mortgage…
1Opinion of the Court
The opinion of the court was delivered, March 26th 1866, by
Agnew, J.
The executors of Frederick Lennig, deceased, were allowed credit on their account for the payment of certain mortgages out of the personal estate. Mrs. Lennig, who renounced the will, and took her share of the real and personal estate at law, objected to this allowance, and has appealed from it. The will of Mr. Lennig has not been laid before us, and Mrs. Lennig alone appears to object to the payment. We must conclude, therefore, there was nothing in the will to cast the payment upon the realty ; and the question is, whether…
2Cases cited3 opinions
- Rickert v. MadeiraSupreme Court of Pennsylvania · 1829
- Campbell v. ShrumSupreme Court of Pennsylvania · 1834
- Young v. StoneSupreme Court of Pennsylvania · 1842
3Cited by10 opinions
- Bulger v. Wilderman and PleetSuperior Court of Pennsylvania · 1930
- Harper v. Consolidated Rubber Co.Supreme Court of Pennsylvania · 1925
- Dobkin v. LandsbergSupreme Court of Pennsylvania · 1922
- Bindseil v. Liberty Trust Co.Court of Appeals for the Third Circuit · 1917
- Malamut v. HainesDistrict Court, M.D. Pennsylvania · 1943
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