Bertin's Estate

Citations

• 245 Pa. 256
• 91 A. 669
• 1914 Pa. LEXIS 869

Syllabus

<p>Jurisdiction — Orphans’ Court — Decedent’s estates — Ancillary administration — Wills—Construction—Foreign law.</p> <p>1. Upon the adjudication of an ancillary administrator’s account, the Orphans’ Court has a right to exercise its discretion in deciding whether it will distribute the fund itself among the parties entitled to it or remit it to the forum of the domicil for that purpose.</p> <p>2. Upon the adjudication of the account of an ancillary administrator c. t. a., a claim was presented to the accountant of a legacy under a codicil to the will. It appeared that testatrix was married in Pennsylvania in 1890 to a citizen of Eranee, and after that time resided in and was a citizen of France until her death in February, 1910. Claimant was a citizen of this country, went to Paris in 1892 and remained there until the autumn of 1911, except about seven months in the year 1905, which she spent in this country. After her return to Paris, she was employed by the testatrix on a salary for eighteen months. She was never a citizen or resident of the State of Pennsylvania. The interpretation of the French law applicable to distribution of decedents’ estate was necessary for a proper determination of the claim. Claimant called as a witness a member of the New York Bar familiar with the English and French languages, who translated the will and codicil executed in French by the testatrix, and also certain provisions of the French Code regulating the disposition of decedents’ estates. The claimant also called a French barrister to prove the French law as to the civil rights of husband and wife where they have been married under the law of separate estates, and the law as to wills and codicils which determined the validity of the claimant’s legacy. The respondent offered to produce similar - expert testimony to sustain her contention and to defeat the claimant’s claim. The auditing judge held that the claimant would have to establish the validity of her legacy in the domicili