Legal Opinion

Estate of Cox

Supreme Court of Pennsylvania

Decided February 8, 1897No. Appeal, No. 363PublishedCited by 6 opinions

Appeal, No. 363, Jan. T., 1896, by Holstein DeHaven, Guardian of Robert T. Potts, from decree of O. C. Phila. Co., Oct. T., 1891, No. 128, sustaining exceptions to adjudication. Exceptions to adjudication. From the record it appeared that on August 24, 1887, Abraham R. Cox executed his last will and testament, at which time he had living two children; a daughter, Caroline E., intermarried with E. Channing Potts, and a son, Abraham R. Cox.

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Appeal, No. 363, Jan. T., 1896, by Holstein DeHaven, Guardian of Robert T. Potts, from decree of O. C. Phila. Co., Oct. T., 1891, No. 128, sustaining exceptions to adjudication. Exceptions to adjudication. From the record it appeared that on August 24, 1887, Abraham R. Cox executed his last will and testament, at which time he had living two children; a daughter, Caroline E., intermarried with E. Channing Potts, and a son, Abraham R. Cox. His wife, Caroline E. Cox, was also living, and was, like himself, advanced in years. By his will he left to his wife the use of his residence, furniture,…

1Opinion of the Court

Per Curiam,

The questions presented by this appeal were carefully considered and rightly decided by the orphans’ court in banc. There was no error in sustaining exceptions to the adjudication, or in holding that the testator, Abraham Cox, died testate as to the residue Of the estate remaining after deducting the sum of $30,000, set apart for his grandson; and hence the fund in question was rightly awarded to the widow and children of the testator’s deceased son Abraham R. Cox.

The will under which the question of intestacy arose was correctly construed by the court below, and, on its opinion,…

2Cited by6 opinions

  1. Hill EstateSupreme Court of Pennsylvania · 1968
  2. Perlman & Co. v. Sartorius & Co.Supreme Court of Pennsylvania · 1894
  3. Edwards v. MartinSupreme Court of Rhode Island · 1934
  4. Adamson's EstatePennsylvania Orphans' Court, Philadelphia County · 1947
  5. Heywood's EstatePennsylvania Orphans' Court, Philadelphia County · 1944

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