Legal Opinion

Estate of Tomlinson

Pennsylvania Orphans' Court, Montgomery County

Decided March 17, 1890No. 137PublishedCited by 12 opinions

No. 137 January Term 1890, Sup. Ct.; court below, number and term not given. S. M. Dutton and Abraham Wentz, executors of the last will and testament of Wells Tomlinson, deceased, having filed an account of their trust exhibiting a balance in their hands for distribution, and the same having been duly confirmed, the court below appointed Mr. Charles H. Stinson auditor, to report a distribution of said balance.

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No. 137 January Term 1890, Sup. Ct.; court below, number and term not given. S. M. Dutton and Abraham Wentz, executors of the last will and testament of Wells Tomlinson, deceased, having filed an account of their trust exhibiting a balance in their hands for distribution, and the same having been duly confirmed, the court below appointed Mr. Charles H. Stinson auditor, to report a distribution of said balance. The auditor found the following facts: Wells Tomlinson, the decedent, died on January 21, 1887, having made his last will and testament of date January 31, 1883. On November 1, 1887,…

1Opinion of the Court

Opinion,

Mr. Justice Green:

The reasoning and the authorities cited, in the opinion of this court in the case of Myers v. Vanderbelt, 84 Pa. 510, make it very clear that we intended to decide, and did decide, that the writing of a will in pencil is the full equivalent for a writing in ink. Mr. Justice Mercur, in the course of the opinion, said: “ So we think the authorities establish that a valid will may be drawn with the same materials that will suffice for the drawing of any written contract. As was well said by Mr. Justice Coulter in Hill v. Scott, supra (12 Pa. 169), they abundantly prove…

2Cases cited1 opinion

  1. Myers v. VanderbeltSupreme Court of Pennsylvania · 1877

3Cited by12 opinions

  1. Baker's EstateSupreme Court of Pennsylvania · 1938
  2. Heller EstateSuperior Court of Pennsylvania · 1945
  3. Hilyard v. WoodNew Jersey Superior Court Appellate Division · 1906
  4. Lindeman's EstateSuperior Court of Pennsylvania · 1940
  5. Meredith v. MeredithSuperior Court of Delaware · 1931

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