Legal Opinion

Rutt's Estate

Supreme Court of Pennsylvania

Decided October 11, 1901No. Appeal, No. 271PublishedCited by 9 opinions

Appeal, No. 271, Jan. T., 1901, by Eli W. Martin and Henry M. Shreiner, from decree of O. C. Lancaster Co., dismissing appeal from Register of Wills in the Estate of Joshua Rutt, deceased. Appeal from register of wills.

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Appeal, No. 271, Jan. T., 1901, by Eli W. Martin and Henry M. Shreiner, from decree of O. C. Lancaster Co., dismissing appeal from Register of Wills in the Estate of Joshua Rutt, deceased. Appeal from register of wills. Landis, J., filed the following opinion: By the Act of April 8, 1883, P. L. 249, section 7, it is provided that personal estate may be bequeathed by a nuncupative will under the following restrictions : “ 1. Such will shall, in all cases, be made during the last sickness of the testator and in the house of his habitation or dwelling, or where he has resided for a space of ten…

1Opinion of the Court

Per Curiam,

The evidence submitted in this case was not sufficient to establish the existence of the alleged nuncupative will of the deceased. This plainly appears in the elaborate and satisfactory opinion of the learned judge of the court below. The decision of the register of wills refusing to revoke letters of administration on the estate of the decedent and denying admission to probate of the alleged nuncupative will is therefore sustained and the appeal is dismissed.

2Cited by9 opinions

  1. Cannon v. SeyboldtIdaho Supreme Court · 1935
  2. Baird v. BairdSupreme Court of Kansas · 1905
  3. Godfrey v. SmithNebraska Supreme Court · 1905
  4. Buehrer WillSupreme Court of Pennsylvania · 1944
  5. Jones v. RobinsonSupreme Court of Georgia · 1929

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