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1 Pa. D. & C. 787

Dobbin's Estate

Pennsylvania Orphans' Court, Philadelphia County · decided 1922-03-31

Exceptions to adjudication. O. C. Phila. Co., April T., 1921, No. 464. The facts appear from the following extract from the adjudication of Judge Henderson: “The testator died on Jan. 11, 1917, leaving a will, dated Jan. 25, 1915, duly admitted to probate, upon which letters testamentary issued to the' accountant on July 5, 1917. . . . “By his will the decedent gave his widow a legacy of $10,000, and another legacy, clear of tax, to Edward Hampton of $500.

Decided 1922-03-31

Gest, J.,

¶1It seems clear to us that the widow as legatee is not entitled to claim interest on her legacy from the principal or corpus of the estate, the income of which she has enjoyed since the death of the testator, and which far exceeded the amount of the interest accrued upon the legacy. In addition to Ward’s Estate, 3 Pa. C. C. Reps. 224, and Neide’s Estate, 22 Dist. R. 563, cited by the auditing judge, we may refer to Bateman’s Estate, 21 Dist. R. 475, where a similar question was decided by this court on the same principle.

¶2The exceptions are dismissed and the adjudication is confirmed absolutely

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