Estate of Kesler
Supreme Court of Pennsylvania
No. 177 January Term 1891, Sup. Ct.; court below, number and term not shown. On November 12, 1889, the account of Charles M. Lukens and Thomas M. Montgomery, executors of the will of Henry Kesler, deceased, was called for audit. At the hearing, it was shown that the testator died on June 23, 1888, leaving a will dated May 18, 1883, duly admitted to probate.
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No. 177 January Term 1891, Sup. Ct.; court below, number and term not shown. On November 12, 1889, the account of Charles M. Lukens and Thomas M. Montgomery, executors of the will of Henry Kesler, deceased, was called for audit. At the hearing, it was shown that the testator died on June 23, 1888, leaving a will dated May 18, 1883, duly admitted to probate. The account, as corrected, showed a balance for distribution of $134,376.96, one third of which was claimed by Mrs. Mary R. Kesler, as the widow of the testator electing to take against the will. In a codicil to his will, dated October 6,…
1Opinion of the Court
Opinion,
Mr. Justice Sterrett:
There is certainly no apparent reason why, situated as these parties were, the “ law should regard with disfavor ” the ante-nuptial agreement made by them. Mr. Kesler was advanced in years, had already accumulated a fortune, and had a family by a former marriage; while Mrs. Davidson was lifted out of poverty and comfortably provided for by it. Persons, situated as they were, do not usually act from mere impulse, or contract without consideration; and the court below has accordingly found that “ Every requirement of the law seems to have been complied with in the…
2Cases cited4 opinions
- Thomas & Sons v. Loose, Seaman & Co.Supreme Court of Pennsylvania · 1886
- Burkholder's AppealSupreme Court of Pennsylvania · 1884
- Roberts v. FrisbyTexas Supreme Court · 1873
- Stickney v. BormanSupreme Court of Pennsylvania · 1845
3Cited by14 opinions
- Kaufmann EstateSupreme Court of Pennsylvania · 1961
- Young v. CockmanCourt of Appeals of Maryland · 1943
- Bryant v. BryantSupreme Court of Pennsylvania · 1928
- Deller v. DellerWisconsin Supreme Court · 1910
- Markson Bros. v. RedickSuperior Court of Pennsylvania · 1949
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