Stineman's Appeal

A testator devised as follows: — “ I direst that my wife, C. S., shall receive so much of my estate as she is justly entitled to, by the laws of this Commonwealth, and no more:” Meld, that the widow, claiming under the will, in addition to her thirds of the estate, was entitled to the $300 allowed to widows by the Act of 14th April 1851. In such case, it is not necessary that the widow should claim the $300 in the mode prescribed by the Acts of 1849 and 1851. The intestate laws fix the measure of her claim, hut not the form of it. Executors, as such, have no right to appeal from a decree distributing the funds in their hands.

Appeal from the Orphans’ Court of Cambria county,. This was an appeal by Jacob Stineman, Jr., and T. L. Heyer, executors of Jacob Stineman, deceased, from the decree of the court below making distribution of the estate in their hands. Jacob Stineman, by his last will and testament, proved on the 12th October 1853, devised as follows: “ I direct that all my real and personal estate, of which I shall die seised or possessed, shall be sold by my executors for its reasonable value, for current money, or such credit, and the amount thereof secured in'such manner, as is usual in like cases, to insure the full and punctual payment thereof; and to effectuate this my intention, I do hereby vest in my executors, full power and authority to dispose of my real estate, in fee simple, in as full and large a manner, in every respect, as I could myself do, if living.” He then directed the proceeds of the sales of his real and personal estate to be divided among his children, including the said Jacob Stineman, Jr., one of the appellants; and provided for his wife, as follows : — “ I direct that my wife, Catherine Stineman, shall receive so much of my estate as she is justly entitled to, by the laws of this Commonwealth, and no more.” The widow claimed under the will; and before the auditor appointed by the court below to make distribution of the estate of the testator, in the hands of his executors, she claimed, in addition to her thirds of the estate, to receive the $300 allowed to widows by the Act of 14th April 1851. The auditor reported in favour of the widow’s claim to the $300; and his report having been confirmed by the Orphans’ Court, and distribution decreed accordingly, this appeal was taken by the executors.