Yardley's Estate
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia: No. 885, to January Term 1872. In the estate of Howard Yardley, deceased. The decedent died in May 1868; his estate was devised and bequeathed to collateral relatives, he having left no children. His executors having settled their account, the balance appearing on it was referred to Edward Hopper, Esq., as auditor for distribution.
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Appeal from the Orphans’ Court of Philadelphia: No. 885, to January Term 1872. In the estate of Howard Yardley, deceased. The decedent died in May 1868; his estate was devised and bequeathed to collateral relatives, he having left no children. His executors having settled their account, the balance appearing on it was referred to Edward Hopper, Esq., as auditor for distribution. Elizabeth Sithens, alleging that she was Elizabeth Yardley and had been the wife of the decedent, appeared before the auditor, claiming that she was entitled to a portion of the estate as his, widow. The evidence…
1Opinion of the Court
The opinion of the court was delivered, February 16th 1874, by
Agnew, C. J.
There is no sufficient evidence of marriage in this case. The alleged cohabitation is partial and unsatisfactory, and the reputation of marriage is divided, the bulk lying on the side of singleness. The address upon the envelope, in the absence of the letter itself, has no weight, especially in the absence of a correspondence such as attends married life, and in the case of a person habituated to writing, as Howard Yardley was. The case depends on the alleged cohabitation and reputation of marriage. But it is a misnomer…
2Cited by37 opinions
- Manfredi EstateSupreme Court of Pennsylvania · 1960
- Stevenson's EstateSupreme Court of Pennsylvania · 1922
- Estate of MurdockSuperior Court of Pennsylvania · 1927
- Nikitka's EstateSupreme Court of Pennsylvania · 1942
- Estate of GrimmSupreme Court of Pennsylvania · 1890
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