Legal Opinion · Concurrence

Cutler Estate

Pennsylvania Orphans' Court, Philadelphia County

Decided May 15, 1964No. 2; no. 2019 of 1961Published

1Concurrence

Concurring Opinion sur Exceptions

Lefever, J.,

The evidence presented in support of the validity of the questioned will before us is so fantastic as to beggar belief.

In many respects the instant case is similar to Lare Will, 352 Pa. 323. In his dissenting opinion therein, at page 340, Mr. Chief Justice Maxey made the following pertinent suggestions for evaluating evidence in forgery cases:

“In human affairs we accept as true those things which are highly probable and as untrue those things which are highly 'improbable. Thayer in his ‘Treatise on Evidence,’ says, p. 272: ‘What is called the…

2Cases cited7 opinions

  1. Lare WillSupreme Court of Pennsylvania · 1944
  2. Roberts EstateSupreme Court of Pennsylvania · 1944
  3. Kauffman WillSupreme Court of Pennsylvania · 1950
  4. Pavlinko EstateSupreme Court of Pennsylvania · 1960
  5. Snyder EstateSupreme Court of Pennsylvania · 1951

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