Greenawalt's Estate
Greenawalt's Estate
Opinion of the Court
Opinion by
The statutory allowance to a widow, commonly spoken of as widow’s exemption, elected by her to be taken in real estate, becomes, after the confirmation of the report of the appraisers that the land cannot be divided without injury, a charge upon it, and the orphans’ court has power to enforce payment of the charge by a decree that it be made out of the lands by sale : Detweiler’s Appeal, 44 Pa. 243. If it appears on the face of the proceedings that the decedent neither died within this commonwealth nor had a domicil therein, it may be conceded that the decree confirming the appraisement would be void for want of jurisdiction, and that this objection might be raised on the hearing of the application for the order of sale. But where the decree of confirmation was made by the orphans’ court of the county in which the letters of administration were issued, want of jurisdiction is not to be presumed from the mere omission to set forth in the claim or in the appraisement that the decedent died, or was domiciled at the time of his death, within the commonwealth. Whether or not upon the hearing of a petition for an order of sale to enforce the decree, the prior proceedings being regular on their face, an heir may attack the decree and demand a reinvestigation of the question of the domicil of the decedent at the time of his death, is the question presented on this appeal. It is true, the appellant alleges in her answer that she had no actual notice of the appraisement, but the petitioner alleges in her replication that she was actually present when it was made. As no testimony was taken to support the allegation of want of notice, we assume that it may be disregarded in the present inquiry. We assume, also, that the appellant has done nothing to estop herself from raising the question now presented. Therefore, as we view the case,- it turns upon the conclusiveness in a collateral proceeding of the decree confirming the appraisement. In the case heretofore cited, Detweiler’s Appeal, Mr, Justice Stkong, after pointing out that if personal property or land be appraised ánd set apart to the widow, and the appraisement be approved
The decree is affirmed and the appeal dismissed at the costs of the appellant.
Reference
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- Syllabus
- Decedent's estates — Widow's exemption — Charge on land. The statutory allowance to a widow commonly spoken of as widow’s exemption, elected by her to be taken in real estate, becomes, after the confirmation of the report of the appraisers that the land cannot be divided without injury, a charge upon it, and the orphans’ court has power to enforce payment of the charge by a decree that it be made out of the lands by sale. Widow's exemption — Non residence of widow — Jurisdiction. If it appears on the face of proceedings awarding a widow’s exemption that the decedent neither died within this commonwealth nor liad a domicil therein, the decree confirming the appraisement is void for want of jurisdiction, and this objection may be raised on the hearing of the application for the order of sale of the land charged with the exemption; but where the decree of confirmation is made by the orphans’ court of the county in which the letters of administration were issued, want pf juris? diction is not to be presumed from the mere omission to set forth in the claim or in the appraisement that the decedent died, or was domiciled af the time of his death within the commonwealth. Widow's exemption — Appraisement—Charge on land — Order of sals — USS judicata. If it appears upon the hearing of a petition for an order of sale to enforce a decree charging a widow’s exemption on land that the prior proceedings are regular on their face, an heir may not attack the decree and demand a reinvestigation of the domicil of the decedent at the time of his death. Such a decree is res judicata. The remedy of the heir was to except to the allowance and confirmation of the appraisement.