Henderson Estate

Montgomery County Orphans' Court

Henderson Estate

1 Pa. D. & C.2d 446, 1954 Pa. Dist. & Cnty. Dec. LEXIS 211

CourtPennsylvania Orphans' Court, Montgomery County

DecidedJuly 8, 1954

StatusPublished

This text of 1 Pa. D. & C.2d 446 (Henderson Estate) is published on Counsel Stack Legal Research, covering Pennsylvania Orphans' Court, Montgomery County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Henderson Estate, 1 Pa. D. & C.2d 446, 1954 Pa. Dist. & Cnty. Dec. LEXIS 211 (Pa. Super. Ct. 1954).

Pincite

Opinion

Forrest, J.

(specially presiding),

Vincent De P. Henderson made claim at the audit to exemption of $750 as surviving husband. The claim was not objected to, and is hereby allowed and awarded.

The first paragraph of the will directs the payment of decedent’s debts and funeral expenses out of the estate. This provision, in effect, is a legacy in favor of the surviving husband in relief of his primary obligation, but, because of his election to take against the will, the legacy fails. The accountant is, accordingly, surcharged with the funeral expenses which are credited in the account, and they shall be deducted from the distributive share of the surviving husband in this distribution. . . .

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Forrest, J.

(specially presiding),

Vincent De P. Henderson made claim at the audit to exemption of $750 as surviving husband. The claim was not objected to, and is hereby allowed and awarded.

The first paragraph of the will directs the payment of decedent’s debts and funeral expenses out of the estate. This provision, in effect, is a legacy in favor of the surviving husband in relief of his primary obligation, but, because of his election to take against the will, the legacy fails. The accountant is, accordingly, surcharged with the funeral expenses which are credited in the account, and they shall be deducted from the distributive share of the surviving husband in this distribution. . . .

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Bluebook (online)

1 Pa. D. & C.2d 446, 1954 Pa. Dist. & Cnty. Dec. LEXIS 211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henderson-estate-paorphctmontgo-1954.