Legal Opinion

Conn's Estate

Superior Court of Pennsylvania

Decided December 18, 1916No. Appeal, No. 162PublishedCited by 12 opinions

Appeal, No. 162, Oct. T., 1916, by Bert T. Conn, from decree of O. O. Philadelphia Co., April T., 1915, No. 96, dismissing exceptions to adjudication in Estate of Lucy W. Conn, Deceased. Exceptions to adjudication. From the record it appeared that testatrix died on Feb. 23, 1911, leaving a will quoted in the opinion of the Superior Court. On Feb. 11, 191-1, she gave birth to a second son, Lane K. Conn, and on February 23,1911, she died.

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Appeal, No. 162, Oct. T., 1916, by Bert T. Conn, from decree of O. O. Philadelphia Co., April T., 1915, No. 96, dismissing exceptions to adjudication in Estate of Lucy W. Conn, Deceased. Exceptions to adjudication. From the record it appeared that testatrix died on Feb. 23, 1911, leaving a will quoted in the opinion of the Superior Court. On Feb. 11, 191-1, she gave birth to a second son, Lane K. Conn, and on February 23,1911, she died. Letters of administration c. t. a. were issued to decedent’s husband, Bert T. Conn. The administrator in his account claimed credit for $552.50 funeral and…

1Opinion of the Court

Opinion by

Williams, J.,

The assignments of error raise three questions:(1) The proper construction of the will of Lucy W. Conn.(2) Whether the husband of the testatrix should pay the cost of the doctor, nurse, minister and funeral expenses.(3) The correctness of the surcharge of $350 paid for enclosing the cemetery lot.

The will of Lucy W. Conn is as follows:

“Phila., January 28-1914
“This is my last request, that the cemetery lot be enclosed with a coping to correspond with my mother’s and a suitable headstone erected. •
“To my son Bert Wagner Conn I leave two hundred and fifty dollars to be used…

2Cases cited3 opinions

  1. Estate of WaeschSupreme Court of Pennsylvania · 1895
  2. Fidelity Ins., Trust, & S. D. Co.'s AppealSupreme Court of Pennsylvania · 1888
  3. Randall v. DunlapSupreme Court of Pennsylvania · 1907

3Cited by12 opinions

  1. Kanai v. SowaSuperior Court of Pennsylvania · 1933
  2. Samuels v. HirzSuperior Court of Pennsylvania · 1959
  3. Lengel EstatePennsylvania Orphans' Court, Berks County · 1963
  4. Bennett's EstatePennsylvania Orphans' Court, Northampton County · 1937
  5. Dowler EstateSupreme Court of Pennsylvania · 1951

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