Estate of Markley
Supreme Court of Pennsylvania
APPEAL BY J. S. MARKLEY ET AL. FROM THE ORPHANS’ COURT OF MONTGOMERY COUNTY. No. 64 January Term 1890, Sup. Ct.; court below, number and term not given. On May 5,1888, the final account of George P. Markley, executor of the will of Christopher Markley, deceased, was filed and referred to Mr. Louis M. Childs, as auditor, to hear and determine exceptions and to report distribution. It was found by the auditor that the testator had died in 1884, leaving a widow and three sons.
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APPEAL BY J. S. MARKLEY ET AL. FROM THE ORPHANS’ COURT OF MONTGOMERY COUNTY. No. 64 January Term 1890, Sup. Ct.; court below, number and term not given. On May 5,1888, the final account of George P. Markley, executor of the will of Christopher Markley, deceased, was filed and referred to Mr. Louis M. Childs, as auditor, to hear and determine exceptions and to report distribution. It was found by the auditor that the testator had died in 1884, leaving a widow and three sons. By his will, dated May 13, 1864, and duly admitted to probate, he provided as follows: “ 2. I give, devise and bequeath…
1Opinion of the Court
Per Curiam :
We are of opinion that the learned court below disposed of this case upon correct principles. Under the will of Christopher Markley, the widow took the personal estate absolutely; that is to say, she had the right to use so much of it as was necessary for her comfort and support. It was only the residue thereof that was to go to the testator’s children after her death. The only matter that leaves any doubt upon this question was the manner in which the real and personal estate were blended *357by the will. But in view of the fact that a considerable portion of the personalty consisted…
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