McCort's Appeal
Supreme Court of Pennsylvania
May 5th 1881. Before Sharswood, C. J., Meeour, Goedon, Paxson, Trunkey, Steerett and Green, JJ. Appeal from a decree of the Orphans’ Court of Lancaster comity: Of May Term 1881, No. 112. The facts of this case were as follows : Daniel McCort, a resident of Lancaster, died November 16th 1875, from the effect of a stroke of paralysis.
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May 5th 1881. Before Sharswood, C. J., Meeour, Goedon, Paxson, Trunkey, Steerett and Green, JJ. Appeal from a decree of the Orphans’ Court of Lancaster comity: Of May Term 1881, No. 112. The facts of this case were as follows : Daniel McCort, a resident of Lancaster, died November 16th 1875, from the effect of a stroke of paralysis. On the same day, a few hours before his death,, he executed his last will and testament, signed by a mark, in the presence of subscribing witnesses, whereby ho deviled and bequeathed to his wife, Ann McCort, all his property, real, personal, and mixed, and…
1Opinion of the CourtJustice Gordon
The will of Daniel MeCort relates to and disposes of his real as well as his personal property, and, so far as it does relate to realty, it is subject to the provisions of the Act of the 22nd of April, 1856. Hence, the court erred in striking off the appeal from the register’s sentence, or decree, entered by the appellant on the 13th of November 1880.'
The act inferred to makes the decree of the register before whom probate of any will, devising real estate, is made, “ conclusive as to such realty, unless within five years from the date of such probate, those interested to contest it shall, by…
2Cited by2 opinions
- McCay v. ClaytonSupreme Court of Pennsylvania · 1888
- United States v. SchofieldDistrict Court, E.D. Pennsylvania · 1959