Wagner's Appeal
Case Details
- Judge(s)
- Strong
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- appeal
- State
- Pennsylvania
Related Laws
Outcome
The court dismissed the claimant's appeal, holding that wages paid for the three-day balance of the first week of hospitalization did not toll the sixteen-month statute of limitations under the Pennsylvania Workmen's Compensation Act, and his claim was therefore time-barred.
Excerpt
Appeal from the Orphans’ Court of Philadelphia county. This was an appeal by Samuel Wagner, as trustee of his wife Emily and children, from the decree of the Orphans’ Court, distributing the estate of James S. Duval, deceased, in the hands of Samuel Wagner and Oeorge B. Rodney, who were surviving trustees under the will of said deceased. James S. Duval died in 1842, having first made his will, dated March 18th 1842, and a codicil thereto, dated March 22d 1842, which were proved at Philadelphia, April 19th 1842. By the codicil he devised the residue of his real estate to Lewis Duval, since deceased, and the accountants in fee, in trust, with power to sell, “ and the net proceeds” he directed “to be first applied in payment of any of my debts, to which the same may be subject, and is not otherwise provided for, and the surplus of such purchase-money to be distributed by the said trustees, to and among my several children who may be living, and to the issue of such as may have died, in shares according to the number of those living and those who have died leaving issue, equally, having reference to the sums of money which from time to time I have advanced to any of my said children, and which I direct shall be in the first place deducted from the shares of each child or his issue, before he, she, or they shall be entitled to any portion or distributive share of the proceeds of the sale of said real estate hereby directed to be madeadding, “ And it is further my will, that my wife, Catharine Duval, shall, in her lifetime, ascertain and settle the sums to be charged to my several children, or against the issue of those who may have' or shall die leaving issue, my said wife being for this purpose invested with absolute discretion, according to such evidence as she may have in my books and papers.”. The widow as executrix made a statement of the accounts of the several children, among which there was one against her daughter, Mrs. Emily Wagner, which conta
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