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3 Walker 179

Wolf's Appeal

Supreme Court of Pennsylvania

Decided July 15, 1883

Supreme Court of Pennsylvania · decided 1883-07-15

The facts in this case appear from the report of the auditor appointed to distribute $970.77, being the net proceeds of the sale of the real… Held: that th e interest of the widow was an estate in the land, and not a mere charge upon it. “If she took her statutory allowance as widow, her interest is the same before partition, and not an annual charge until partition. “If she permitted her son to take her share of the rents, issues and profits, she had a mere personal claim…

Decided 1883-07-15

¶1The Supreme Court affirmed the decree of the Orphans’ Coux’t on June 2nd, 1884, in the following opinion :

.Per Curiam.

¶2The Oi’phans’ Court did not decx’ee the payment of any specific sum to the widow. She did not in any manner assent to the agreement made by the heirs. She was not bound thereby. After omitting to recognize, or ratify, the pi-oceedings between the heir’s for twenty years, she cannot now maintain the claim which she seeks to assert.

¶3Decree affirmed and appeal dismissed at the costs-of the appellant.

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