Whitehead's Estate
Whitehead's Estate
Opinion of the Court
As the shares of stock upon which dividends accrued after the death of the testator had passed to his widow under the clause in his will giving her all of his personal estate after the payment of debts and funeral expenses, those dividends belonged to her and are distributable, under agreement of all parties in interest, as part of her estate. The first assignment of error is overruled.
The second complaint of the appellants is of the court’s reduction of the sum they claimed as compensa
xippeal dismissed and decree affirmed at appellants’ costs.
Reference
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Wills — Legacy—Dividends on stock — Gift of personal property —Widow—Agreement as to distribution. 1. Where a testator gives all of his personal property to his •widow after payment of debts and funeral expenses, dividends which have accrued after the death of testator on stock included in his personal estate, are the property of the widow, and pass under her will. 2. If all parties agree that the widow’s interest in the personal estate of her husband shall be distributed without the filing of an account of her estate, such dividends may be distributed to the legatees under her will. Executors and administrators — Commissions —• Evidence ■ — Review on appeal. 3. The reduction of an executor’s commissions from the amount claimed, is a question to be determined by the orphans’ court on all the testimony submitted, and it will not be reversed by the appellate court, if the sum allowed appears, from all the circumstances, to be an ample (Compensation.