Mütter's Estate
Supreme Court of Pennsylvania
Appeal from tbe Orphans’ Court of Philadelphia. This was an appeal by Mrs. Mary W. A. Miitter, from the decree of the Orphans’ Court, confirming the report of the auditor appointed to audit her account as executrix of Thomas D. Miitter, deceased, under whose will she claimed as legatee. Thomas D. Miitter died in 1859, leaving a will dated June 15th 1858, which was duly proved April 14th 1859, and in and by which his widow Mary W. A. Miitter was appointed executrix.
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Appeal from tbe Orphans’ Court of Philadelphia. This was an appeal by Mrs. Mary W. A. Miitter, from the decree of the Orphans’ Court, confirming the report of the auditor appointed to audit her account as executrix of Thomas D. Miitter, deceased, under whose will she claimed as legatee. Thomas D. Miitter died in 1859, leaving a will dated June 15th 1858, which was duly proved April 14th 1859, and in and by which his widow Mary W. A. Miitter was appointed executrix. The following is a copy of the will:— Paris, June 14th 1858. In consequence of certain losses which I have experienced, I find it…
1Opinion of the Court
The opinion of the court was delivered,
by Strong, J.
— We are of opinion that under the will, Mrs. Miitter takes the whole estate of the testator, subject only to the payment at her death of the legacies to John Armistead Carter, Mrs. Mary L. Eliason, Thomas Miitter Cleeman, and Thomas Miitter Hoff. The paramount purpose, the ruling intention, of the testator evidently was to make the most ample provision for his wife, if she should survive him. ' Accordingly, after having given directions for carrying out an agreement which he had made with the “ College of Physicians,” he bequeathed to her…
2Cited by6 opinions
- Mayer's EstateSupreme Court of Pennsylvania · 1927
- Fisher EstateSupreme Court of Pennsylvania · 1946
- Patton's EstateSupreme Court of Pennsylvania · 1920
- Fichthorn v. FichthornSuperior Court of Pennsylvania · 1910
- Gerhard EstatePennsylvania Orphans' Court, Philadelphia County · 1950
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