Balmforth's Estate
Superior Court of Pennsylvania
Appeal, No. 64, Oct. T., 1904, by Harriet L. Balmforth, from decree of O. C. Phila. Co., Oct. T., 1903, No. 57, granting petition for widow’s exemption in Estate of George Balmforth. Petition for widow’s exemption. The facts appear by the opinion of the Superior Court. Error assigned was in granting the petition.
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Appeal, No. 64, Oct. T., 1904, by Harriet L. Balmforth, from decree of O. C. Phila. Co., Oct. T., 1903, No. 57, granting petition for widow’s exemption in Estate of George Balmforth. Petition for widow’s exemption. The facts appear by the opinion of the Superior Court. Error assigned was in granting the petition. The purpose of the act was to make an immediate provision for the wants of the family, and it has never been extended, actually or constructively, to widows beyond the seas. We legislate for citizens of this country and not for subjects of a foreign country : Spier’s App., 26 Pa. 238…
1Opinion of the Court
'Opinion by
Beaver, J.,
The family is the basis as well as the unit of organization in every civilized community. The maintenance of the family relation is essential to the highest welfare of society. Legislation, therefore, which tends to promote and protect the integrity and well-being of the family is to be liberally construed and faithfully enforced.
The fifth section of the Act of April 14, 1851, P. L. 612, provides : “ That hereafter the widow or the children of any decedent, dying within this commonwealth, testate or intestate, may retain either real or personal property belonging to said…
2Cases cited6 opinions
- Appeal of NyeSupreme Court of Pennsylvania · 1889
- Anna M. F. Spier's AppealSupreme Court of Pennsylvania · 1856
- Platt's AppealSupreme Court of Pennsylvania · 1876
- Odiorne's AppealSupreme Court of Pennsylvania · 1867
- Grieve's EstateSupreme Court of Pennsylvania · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Celenza's EstatePennsylvania Orphans' Court, Philadelphia County · 1932