Appeal of Knauss
Supreme Court of Pennsylvania
Appeal from tbe Orphans’ Court of Lehigh County : Of January Term, 1885, No. 387. Appeal of Christiana Knauss and Catharine Seip, from the decree of said court, dismissing their appeal from the Register of Wills of Lehigh county, admitting to probate a paper purporting to be the last will and testament of George Probst, late of said county deceased, and refusing their demand for an issue.
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Appeal from tbe Orphans’ Court of Lehigh County : Of January Term, 1885, No. 387. Appeal of Christiana Knauss and Catharine Seip, from the decree of said court, dismissing their appeal from the Register of Wills of Lehigh county, admitting to probate a paper purporting to be the last will and testament of George Probst, late of said county deceased, and refusing their demand for an issue. The facts of the case appear in the opinion of the Court, Schuyler, P. J., of the third judicial district holding a special court. By Act of March 15th, 1832, § 41 P. L., 146, it is provided that “ whenever…
1Opinion of the CourtJustice Sterrett
It is contended by appellants that according to the true intent and meaning of the 41st section of the Act March 15th, 1832, there was “a dispute” before the Orphans’ Court “ upon a matter of fact,” viz.: Whether the deceased, George Probst, was of sound and disposing mind, memory and understanding at the time he signed a certain paper, purporting to be his last will and testament; and that it thereupon became the duty of the court to “direct a precept for an issue to the Court of Common Pleas of the county for the trial ” of said disputed fact.
It cannot, of course, be doubted that the matter…
2Cited by17 opinions
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- Delaurentiis's EstateSupreme Court of Pennsylvania · 1936
- Fleming's EstateSupreme Court of Pennsylvania · 1919
- Herster v. HersterSupreme Court of Pennsylvania · 1889
- Robinson v. RobinsonSupreme Court of Pennsylvania · 1902
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