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SCOTT ESTATE. (11/10/58)

November 10, 1958

SCOTT ESTATE.


Appeals, Nos. 41, 42 and 43, Jan. T., 1958, from decree of Orphans' Court of Montgomery County, No. 56,599, June Audit List of 1956, No. 96, in re estate of William H. Scott, deceased. Appeals dismissed.

COUNSEL

David F. Maxwell, with him Frank Bechtel, Jr., Ralph C. Busser, Jr., Harman H. Deal, and Obermayer, Rebmann, Maxwell and Hippel, for appellants.

Frank E. Vittori, with him Frederick B. Smillie, and Smillie, Bean, Davis & Tredinnick, for appellee.

Before Jones, C.j., Bell, Musmanno, Arnold, Jones and Cohen, JJ.

Author: Bell

[ 394 Pa. Page 40]

OPINION BY MR. JUSTICE BELL.

The Orphans' Court of Montgomery County allowed the claim of Anna Mae Scott for payments of $50 per week for her life from the estate of William H. Scott, her former husband. Mary E. Scott, the decedent's

[ 394 Pa. Page 41]

    widow, and two of the three children of Anna Mae Scott and the decedent, appealed.

The decedent died on March 16, 1955, leaving a will dated July 29, 1944, which bequeathed his residuary estate to his children, William H. Scott, Jr. and Ruth S. Laird.*fn1 The decedent's widow elected to take against his will. His net estate, excluding the claim of his first wife, was approximately $300,000. Anna Mae Scott filed her claim against the estate for the weekly$50 payments and demanded both accrued unpaid installments and the establishment of a fund to pay the estate's obligation.

Anna Mae Scott and decedent were married on June 14, 1916. In 1947 she was granted a divorce in New Jersey, where the parties lived. Appellee in support of her claim in the Court below offered an exemplified copy of the decree of the New Jersey Court of Chancery. That portion of the decree nisi (which later became final) which is pertinent to this claim provides as follows:

"It further appearing to the Court that the parties hereto have agreed between themselves, subject to the approval of the Court, upon the terms of support to be paid by the defendant to the petitioner, viz: that the defendant will pay forthwith to the petitioner in lieu*fn2 of any presently accrued or future alimony, the sum of Five Hundred Dollars ( $500) and the sum of Fifty Dollars ( $50) per week to be paid during the natural life of the petitioner; the life insurance policies presently in existence on the life of the defendant with irrevocable ...


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