Covington Estate
Supreme Court of Pennsylvania
1Concurrence
Concurring Opinion by
Mr. Justice Horace Stern :
As pointed out in the majority opinion, there are no statutory requirements with which this will does not comply. The rule that if the different pages constituting a will are not physically united they must be “connected by their internal sense, by coherence or adaptation of parts” stems entirely from decisional law. We should realize that in applying that mandate to individual cases we must navigate carefully between Scylla and Charybdis, for, while too great a liberality in the construction of the rule may open the door to fraud, an excessive…
2Cases cited6 opinions
- In Re the Probate of the Will of FieldNew York Court of Appeals · 1912
- Maginn's EstateSupreme Court of Pennsylvania · 1923
- Wikoff's AppealSupreme Court of Pennsylvania · 1850
- Fosselman v. ElderSupreme Court of Pennsylvania · 1881
- Davis' EstateSupreme Court of Pennsylvania · 1942
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