Young's Appeal
Supreme Court of Pennsylvania
Certiorari to the Orphans’ Court of Philadelphia. This was an appeal for John Henry Weir Young, an infant son of Anna Maria Young, deceased, from the decree of the Orphans’ Court, dismissing his exceptions and confirming the report of the auditor appointed to audit, settle, and adjust the account of William Young and William Weir, executors of the last will and testament of said Anna Maria Young, deceased, and to report distribution.
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Certiorari to the Orphans’ Court of Philadelphia. This was an appeal for John Henry Weir Young, an infant son of Anna Maria Young, deceased, from the decree of the Orphans’ Court, dismissing his exceptions and confirming the report of the auditor appointed to audit, settle, and adjust the account of William Young and William Weir, executors of the last will and testament of said Anna Maria Young, deceased, and to report distribution. The case was this: — Mrs. Anna Maria Young, by her will dated April 7th 1859, disposed of all her property without making any provision for, or mentioning the…
1Opinion of the Court
The opinion of the court was delivered,
by Lowrie, C. J.
We have no doubt that this will is to be regarded as made under the special power contained in the articles of marriage settlement, and not under the general power granted by law; but we do not think that it is, on this account, any the less subject to revocation by operation of law, when the circumstances attending it bring it within the reason of the law. In either case the will is a private law of descent and distribution, and, if revoked at all by operation of the general law, it is because of some defect in itself, and not because of…
2Cases cited1 opinion
- M'Knight v. ReadSupreme Court of Pennsylvania · 1836
3Cited by6 opinions
- Jones's EstateSupreme Court of Pennsylvania · 1905
- McCullum v. McKenzieSupreme Court of Iowa · 1868
- Owens v. HainesSupreme Court of Pennsylvania · 1901
- Shoch's EstateSupreme Court of Pennsylvania · 1921
- In re Trust of DiedelPennsylvania Orphans' Court, Philadelphia County · 1938
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