In re Estate of Jacoby
Supreme Court of Pennsylvania
Appeal, No. 22, Oct. T., 1898, from decree of O. 0. Allegheny Co., .March T., 1897, No. 157, on appeal from register of wills. Appeals from register of wills. Before Hawkins, P. J. The facts appear by the opinion of the Supreme Court. Error assigned was the decree of the court. It is too plain for argument that the unsigned memoranda on the backs of the envelopes in the box are not testamentary, and do not constitute a will, either in form or substance.
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Appeal, No. 22, Oct. T., 1898, from decree of O. 0. Allegheny Co., .March T., 1897, No. 157, on appeal from register of wills. Appeals from register of wills. Before Hawkins, P. J. The facts appear by the opinion of the Supreme Court. Error assigned was the decree of the court. It is too plain for argument that the unsigned memoranda on the backs of the envelopes in the box are not testamentary, and do not constitute a will, either in form or substance. This would be true in the absence of the act of 1833: Plumstead’s App., 4 S. & R. 545; Barnet’s App., 3 Rawle, 20; Grant v. Levan, 4 Pa. 424;…
1Opinion of the Court
Opinion by
Mr. Justice Green,
This case is of a highly exceptional character. In all ordinary cases of this kind the contest arises upon the question whether an informal or irregular paper or collection of papers constitute the last will and testament of a deceased person. It is then a question of testament by the papers presented as such, or of no testament at all, and the contest is necessarily conducted upon the manifest theory that the deceased at least tried to make a will, and deserved assistance from the court or jury if it was reasonably practicable to give it to him. But in tills case…
2Cases cited11 opinions
- Estate of KnoxSupreme Court of Pennsylvania · 1890
- Turner v. ScottSupreme Court of Pennsylvania · 1867
- Wikoff's AppealSupreme Court of Pennsylvania · 1850
- Fosselman v. ElderSupreme Court of Pennsylvania · 1881
- Frew v. ClarkeSupreme Court of Pennsylvania · 1876
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hengen's EstateSupreme Court of Pennsylvania · 1940
- Harrison's EstateSupreme Court of Pennsylvania · 1900
- Glass' EstateSupreme Court of Pennsylvania · 1938
- Bittinger's EstatePennsylvania Orphans' Court, Franklin County · 1943
- Davis' EstatePennsylvania Orphans' Court, Philadelphia County · 1942
5 more not listed; retrieve them via the Exa API.