Estate of Knox
Supreme Court of Pennsylvania
APPEAL BY JAMES A. KNOX EROM THE ORPHANS’ COURT OE ALLEGHENY COUNTY. No. 218 October Term 1889, Sup. Cb.; court below, No. 186 June Term 1889, O. C. On December 14, 1888, James A Knox, husband of Harriet S. Knox, deceased, entered in the court below his appeal from the decision of the register of wills, admitting to probate, as.the last will and testament of said deceased, an instrument written with a lead pencil upon three of the four pages of an ordinary folded sheet of…
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APPEAL BY JAMES A. KNOX EROM THE ORPHANS’ COURT OE ALLEGHENY COUNTY. No. 218 October Term 1889, Sup. Cb.; court below, No. 186 June Term 1889, O. C. On December 14, 1888, James A Knox, husband of Harriet S. Knox, deceased, entered in the court below his appeal from the decision of the register of wills, admitting to probate, as.the last will and testament of said deceased, an instrument written with a lead pencil upon three of the four pages of an ordinary folded sheet of letter paper, of the following form and tenor: “ A few little things I would love to have done. Always keep Vicie and Pot,…
1Opinion of the Court
Opinion,
Mr. Justice Mitchelu:
The writing in question is clearly testamentary. Although it does not on its face purport to be a will, and in form is not a command, but a request, addressed to no special person by name, but plainly to those who should have the possession or control of her property, it has the essential element of being a disposition of property to take effect after death, and the precatory form is therefore immaterial: Fosselman v. Elder, 98 Pa. 159.
*228It being undisputed that tbe paper is in the handwriting of the decedent, and being testamentary in character, the only question…
2Cases cited8 opinions
- Salmon Falls Manufacturing Co. v. GoddardSupreme Court of the United States · 1853
- Baker's AppealSupreme Court of Pennsylvania · 1884
- Fosselman v. ElderSupreme Court of Pennsylvania · 1881
- Vernon v. KirkSupreme Court of Pennsylvania · 1858
- Asay v. HooverSupreme Court of Pennsylvania · 1846
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