McClellan's Appeal
Supreme Court of Pennsylvania
Appeal by James D. McClellan from the decree of the Register’s Court of the county of Lancaster. Joseph P. McClellan, late of Paradise township, Lancaster county, died intestate, at the residence of his son James, in Chester county, on the 25th of February last.
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Appeal by James D. McClellan from the decree of the Register’s Court of the county of Lancaster. Joseph P. McClellan, late of Paradise township, Lancaster county, died intestate, at the residence of his son James, in Chester county, on the 25th of February last. On the 5th day of March last, a renunciation, dated the 4th of the same month, of the right to administer, was filed by the widow with the register of Lancaster county, in which she desired that letters of administration be granted to James L. Jones and Samuel B. Thomas; and on the same day, without notice or citation to James D.…
1Opinion of the Court
The opinion of the court was delivered May 19, by
Rogers, J.
The argument of the counsel for the appellee is based on the erroneous assumption that the widow is placed in a class by herself, and as such entitled to the administration of the estate; and this would appear to have been the apprehension of the Register’s Court. The statute of 21 Hen. 8, c. 5, which, in relation to persons entitled to administration, is the same as the act of 1832, places the widow and next of kin on the same platform: 4 Watts 38, Ellmaker’s Appeal; Rob. Dig. 250. Under the construction given to that act, the…
2Cases cited1 opinion
- Ellmaker's EstateSupreme Court of Pennsylvania · 1835
3Cited by6 opinions
- Friese's EstateSupreme Court of Pennsylvania · 1934
- Schulz EstateSupreme Court of Pennsylvania · 1958
- Estate of SwartSupreme Court of Pennsylvania · 1899
- In re the Estate of MeyerHawaii Supreme Court · 1920
- Frantz EstatePennsylvania Orphans' Court, Blair County · 1963
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