Legal Opinion

Wood's Estate

Supreme Court of Pennsylvania

Decided January 2, 1915No. Appeal, No. 139PublishedCited by 8 opinions

Appeal, No. 139, Oct. T., 1914, by Lauretta R. Mayes, from decree of O. C. Allegheny Co., Nov. T., 1912, No. 181, dismissing petition to charge legacy on land in Estate of John A. Wood, Deceased. Petition to require payment of a legacy charged on land. Before Trimble, J. The facts appear by the opinion of the Supreme Court. The lower. court dismissed the petition. Petitioner appealed.

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Appeal, No. 139, Oct. T., 1914, by Lauretta R. Mayes, from decree of O. C. Allegheny Co., Nov. T., 1912, No. 181, dismissing petition to charge legacy on land in Estate of John A. Wood, Deceased. Petition to require payment of a legacy charged on land. Before Trimble, J. The facts appear by the opinion of the Supreme Court. The lower. court dismissed the petition. Petitioner appealed. Errors assigned, among others, were various rulings on evidence and in dismissing the petition.

1Opinion of the Court

Opinion by

Mr. Justice Moschzisker,

John A. Wood died April 16, 1910, leaving a last will dated July 5, 1900, together with a codicil dated April 19, 1905. The will and codicil were duly probated in Allegheny County, May 3, 1910. The testator made various bequests, among others, in paragraph 9, one of $10,000 to a trust company, to invest the principal and pay the income to Lauretta R. Mayes during life or until her marriage. When the will was found, after the testator’s death, cross lines in ink were drawn through this bequest, and the decedent’s executor declined to recognize it as a…

2Cases cited3 opinions

  1. Evans's AppealSupreme Court of Pennsylvania · 1868
  2. Stewart's EstateSupreme Court of Pennsylvania · 1892
  3. Widdowson's EstateSupreme Court of Pennsylvania · 1899

3Cited by8 opinions

  1. Sando WillSupreme Court of Pennsylvania · 1949
  2. Heller EstateSuperior Court of Pennsylvania · 1945
  3. Hildebrand WillSupreme Court of Pennsylvania · 1950
  4. Lowe v. FicklingSupreme Court of South Carolina · 1945
  5. Edelman EstatePennsylvania Orphans' Court, Lehigh County · 1953

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