Towanda Bank's Appeal

Citations

• 1 Monag. 463
• 1889 Pa. LEXIS 1273

Syllabus

<p>A widow, six months and seven days after the death of her husband, presented her petition to the orphans’ court averring that there had recently come to her knowledge the existence of a sum of money in the hands of a third party, exceeding §300, which belonged to her husband prior to his death. The petition further stated that, at the time of his death, her husband was insolvent, and that no letters of administration had been issued upon his estate. The widow prayed that §300 should he set apart for the use of herself and family. Upon a rule to show cause, a national hank, which had issued an attachment execution against the fund in question, filed an answer, denying the right of the petitioner to the widotv’s exemption, alleging that the rights of the respondent had attached more than two years previous to the death of the decedent. The court made the rule absolute. No appraisement was asked for or made. On appeal to the supreme court, the hank contended that the orphans’ court had no jurisdiction as the Acts of April 14,1851, and April 8, 1859, require an administration, and the Act of June 4, 1883, applying to estates not exceeding §300, requires an appraisement; and that the delay in applying for the exemption were such laches as would operate as a waiver of her right to the exemption. Held that the decree should he affirmed.</p>