Greiner's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia county: Of January Term 1883, No. 199. Appeal of Mrs. Maria L. Greiner and Mrs. Tabitha L. Vigners from the decree of said Court dismissing their exceptions to, and confirming the adjudication of, the auditing judge on the settlement of the first account of Samuel Fox and W. Frederick Snyder, executors of the will of William Lang, deceased.
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Appeal from the Orphans’ Court of Philadelphia county: Of January Term 1883, No. 199. Appeal of Mrs. Maria L. Greiner and Mrs. Tabitha L. Vigners from the decree of said Court dismissing their exceptions to, and confirming the adjudication of, the auditing judge on the settlement of the first account of Samuel Fox and W. Frederick Snyder, executors of the will of William Lang, deceased. The facts were as follows: The testator, William Lang, died May 17, 1881, leaving a widow, Ann Lang and six children. By his will he devised one third of the whole estate to the Fidelity Trust Company in trust…
1Opinion of the CourtChief Justice Mercer
The election of Aim Lang not to take under the will of her husband was in writing. It was made about three months after the death of her husband. The notice was addressed to the executors and delivered to them. It is sufficient in form. The language does not express an intent to make an election at any future time. The election to take under the intestate laws and the refusal to accept under the will are both expressed in the present tense.
This was a sufficient assertion of her rights. She was not hound to file a copy of the no ice of record, nor was it necessary that she should forthwith…
2Cited by8 opinions
- McCutcheon's EstateSupreme Court of Pennsylvania · 1925
- Daub's EstateSupreme Court of Pennsylvania · 1931
- Hummel's EstateSupreme Court of Pennsylvania · 1894
- Buckland's EstateSupreme Court of Pennsylvania · 1913
- Loesch's EstateSupreme Court of Pennsylvania · 1936
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