Legal Opinion

Conway's Estate

Supreme Court of Pennsylvania

Decided March 23, 1917No. Appeal, No. 2PublishedCited by 6 opinions

Appeal, No. 2, Jan. T., 1917, by Elizabeth Gilroy, Administratrix of the Estate of Mary Me Andrew, deceased, from order of O. C. Lackawanna Co., Year 1914, No-. 698, refusing issue devisavit vel non, in Estate of Patrick J. Conway, deceased. Appeal from decree of register of wills refusing an issue devisavit vel non. Before Sando, P. J. The opinion of the Supreme Court states the facts. The court refused the issue and dismissed the appeal.

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Appeal, No. 2, Jan. T., 1917, by Elizabeth Gilroy, Administratrix of the Estate of Mary Me Andrew, deceased, from order of O. C. Lackawanna Co., Year 1914, No-. 698, refusing issue devisavit vel non, in Estate of Patrick J. Conway, deceased. Appeal from decree of register of wills refusing an issue devisavit vel non. Before Sando, P. J. The opinion of the Supreme Court states the facts. The court refused the issue and dismissed the appeal. Elizabeth Gilroy, Administratrix of the Estate of Mary McAndrew, deceased, appealed. Error assigned was the decree of the court'.

1Opinion of the Court

Per Curiam,

This is an appeal from the refusal of an issue devisavit vel non. One of the reasons given in asking for it was that a fraud had been practiced upon the testator by substituting the paper in controversy at the time he signed it for another which had been drawn for him as. his last will and testament. We have not been convinced that the learned court below erred in holding that the testimony was “wholly insufficient to support any such finding.” Nor have we been convinced that error was committed in disposing of the other two branches of the case, as to which the learned court said:…

2Cases cited3 opinions

  1. Phillips' EstateSupreme Court of Pennsylvania · 1914
  2. Appeal of KnaussSupreme Court of Pennsylvania · 1886
  3. Tyson's EstateSupreme Court of Pennsylvania · 1909

3Cited by6 opinions

  1. Fleming's EstateSupreme Court of Pennsylvania · 1919
  2. Cookson's EstateSupreme Court of Pennsylvania · 1936
  3. Kane's EstateSupreme Court of Pennsylvania · 1933
  4. Hile's EstateSupreme Court of Pennsylvania · 1933
  5. Fleming's EstateSupreme Court of Pennsylvania · 1919

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