Legal Opinion

Dillinger's Appeal

Supreme Court of Pennsylvania

Decided July 1, 1860PublishedCited by 19 opinions

Appeal from the Orphans’ Court of Lehigh county. This was an appeal by Ann Dillinger from the decree of the court below, distributing the estate of John Dillinger, deceased, in the hands of Henry Dillinger, his executor.

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Appeal from the Orphans’ Court of Lehigh county. This was an appeal by Ann Dillinger from the decree of the court below, distributing the estate of John Dillinger, deceased, in the hands of Henry Dillinger, his executor. John Dillinger was married to the appellant in March 1823; and they lived together as man and wife until the 15th July 1832, when the following articles of separation were executed between them:— “ This indenture, made the 15th day of July, A. D. 1833, between John Dillinger, of Upper Milford township, in the county of Lehigh, and state of Pennsylvania, farmer, of the one…

1Opinion of the Court

The opinion of the court was delivered by

Woodward, J.

All the questions on this record, whether they arise under the exceptions to the executor’s account, or under the claim of the appellant to one-third of the testator’s personal estate, and to the benefit of the Act of Assembly, that gives widows three hundred dollars’ worth of their husband’s estates, are resolvable into the primary question, whether she was the widow of the testator, within the meaning of that word, as employed in our statutes of distribution. She excepts, and claims in that character, and in no other, and if she were not…

2Cited by19 opinions

  1. Miller v. MillerSupreme Court of Pennsylvania · 1925
  2. Commonwealth v. RichardsSupreme Court of Pennsylvania · 1890
  3. Ray's EstateSupreme Court of Pennsylvania · 1931
  4. Bell's EstateSuperior Court of Pennsylvania · 1939
  5. Scott's EstateSupreme Court of Pennsylvania · 1892

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