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· 2/28/1919

In re Reinstein's Estate

Citations

  • 71 Pa. Super. 146
  • 1919 Pa. Super. LEXIS 48

Syllabus

<p>Decedent’s estate — Widow’s exemption — Laches.</p> <p>Where it appears that no claim for widow’s exemption was made until after the expiration of 25 years the decree confirming the appraisement is not void, but voidable only, and the rights of the parties at interest are to he determined on equitable principles.</p> <p>Widow’s exemption — Exceptions—Laches of exceptant.</p> <p>Where a petition is presented asking for the opening, vacation and setting aside of a widow’s appraisement and proceedings thereunder, and it appears that the petitioner bad full knowledge of existing conditions for eighteen years before be asserted bis rights, be must be considered guilty of such laches .as to imply a waiver-.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • ruling that because Alger’s wharf was a “noxious” and “injurious” use, “contrary to the maxim sic utere tuo, ut alienum no laedas,” its removal “was not within the principle of property taken under the right of eminent domain.”
  • “ ‘It is a cardinal rule of statutory construction that * * * [a statute] “shall be * * * expounded, if practicable, as to give some effect to every part of it” ’ ” [ellipses and brackets sic]

Source: CourtListener parenthetical corpus (CC0).

Judges: Head, Henderson, Kephart, Orlady, Porter, Trexler, Williams

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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