Tyson's Estate
Superior Court of Pennsylvania
Appeal, No. 82, Oct. T., 1903, by JohnE. Evans, from decree of O. C. Montgomery Co., in not sustaining claim of appellant, in estate.of Charles Tyson, Exceptions to adjudication. From the record it appeared that John E. Evans claimed $496, being the principal of a judgment recovered, by him against the estate of Mary Tyson, the widow of Charles Tyson.
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Appeal, No. 82, Oct. T., 1903, by JohnE. Evans, from decree of O. C. Montgomery Co., in not sustaining claim of appellant, in estate.of Charles Tyson, Exceptions to adjudication. From the record it appeared that John E. Evans claimed $496, being the principal of a judgment recovered, by him against the estate of Mary Tyson, the widow of Charles Tyson. Payment from the husband’s estate was sought upon the ground that the debt was contracted by the widow for wages due Evans as farm hand and laborer upon the farm whereon Charles Tyson and his wife lived at the time of his death, and which she…
1Opinion of the Court
Opinion by
Henderson,
It was decided by the Supreme Court in Tyson’s Estate, 191 Pa. 218, in which the interest of the widow under the will was considered, that the testator’s “ intention was to give her so much, and only so much, though possibly amounting to the whole, as should be necessary for her own comfort and enjoyment of life, and the residue, be it much or little, was to pass under his will.” Under this construction of the will, it is clear that none of the estate of the widow passed to the administrator de bonis non, etc., of Charles Tyson under the decree of the orphans’ court of…
2Cases cited1 opinion
- Estate of TysonSupreme Court of Pennsylvania · 1899
3Cited by2 opinions
- Stannert's EstateSupreme Court of Pennsylvania · 1940
- Reiter v. Department of Public Assistance, Pennsylvania Court of Common Pleas, Clearfield County1954