Wilkey's Appeal
Supreme Court of Pennsylvania
Certiorari to and Appeal from the Orphans’ Court of Fay~ ette County: Of July Term, 1884, No. 169. This was an appeal by John Wilkey and Henry Wilkey, from a decree of said court dismissing their appeal from the .decision of the Register of Wills granting letters of administration upon the estate of James Wilkey, deceased, (appeL lant’s father) to Catharine Wilkey his widow.
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Certiorari to and Appeal from the Orphans’ Court of Fay~ ette County: Of July Term, 1884, No. 169. This was an appeal by John Wilkey and Henry Wilkey, from a decree of said court dismissing their appeal from the .decision of the Register of Wills granting letters of administration upon the estate of James Wilkey, deceased, (appeL lant’s father) to Catharine Wilkey his widow. James Wilkey, an aged farmer, died intestate, possessed of an estate real and personal valued at about 140,000, leaving to, survive him a widow and four children, the youngest of whom, Philip, had resided with his father…
1Opinion of the Court
Tbe opinion of tbe court was filed February 16th, 1885.
Pee, Curiam.
The principal complaint is the refusal of tbe court to revoke tbe letters of administration granted to tbe appellee.
It is tbe duty of tbe Register to grant letters of administration to such one entitled as be shall judge will best administer tbe estate. Other things being equal tbe widow is entitled to be preferred. Unless tbe legal discretion of tbe Register appears to have been abused, or his duty manifestly disregarded, we will not review bis selection. We discover no such conduct in tbe present case. Tbe appellee appears…
2Cited by5 opinions
- Friese's EstateSupreme Court of Pennsylvania · 1934
- Warner's EstateSupreme Court of Pennsylvania · 1904
- McMurray's EstateSupreme Court of Pennsylvania · 1917
- Boytor's EstateSuperior Court of Pennsylvania · 1938
- Estate of FailorSuperior Court of Pennsylvania · 1899