Legal Opinion

Chamberlain's Estate

Superior Court of Pennsylvania

Decided July 16, 1913No. Appeal, No. 2Published

Appeal, No. 2, April T., 1913, by Otto Kohler, from decree of O. C. Crawford Co., Nov. Term, 1910, No. 14, distributing proceeds of sale in Estate of Jennie S. Chamberlain, deceased. Exceptions to report of W. W. Henderson, Esq., auditor. Before Prather, P. J. The facts are stated in the opinion of the Superior Court. Errors assigned were in dismissing exceptions to the auditor’s report.

1Opinion of the Court

Opinion by

Porter, J.,

Jennie S. Chamberlain, the decedent, died testate, leaving to survive her a husband, Julias L. M. Chamberlain, the appellee. Her personal property was insufficient to pay her debts. Her will was duly proved and letters testamentary issued to Otto Kohler, the executor therein named. The surviving husband declined to take under the will and asserted his right as tenant by the curtesy in the real estate of which she died seized, and by proceedings had in the orphans’ court it was adjudged that he was entitled to such curtesy. Upon proper proceedings by the executor a part of…

2Cases cited3 opinions

  1. In re Estate of HaysSupreme Court of Pennsylvania · 1897
  2. Harper's AppealSupreme Court of Pennsylvania · 1884
  3. Murray's EstateSuperior Court of Pennsylvania · 1905

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