Cauffman v. Long
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Perry county: No. 28. Of May Term 1876. This was a feigned issue, upon precept from the register, filed in the Common Pleas, directed to try the validity of the will of Henry Cauffman, deceased, presented for probate by Abraham Cauffman and Benjamin Cauffman, executors named therein, against which Mary A. Long filed a caveat, alleging— 1. That Henry Cauffman was not competent to make said writing; that he was not in his proper mind. 2.…
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Error to the Court of Common Pleas of Perry county: No. 28. Of May Term 1876. This was a feigned issue, upon precept from the register, filed in the Common Pleas, directed to try the validity of the will of Henry Cauffman, deceased, presented for probate by Abraham Cauffman and Benjamin Cauffman, executors named therein, against which Mary A. Long filed a caveat, alleging— 1. That Henry Cauffman was not competent to make said writing; that he was not in his proper mind. 2. And the same was induced by undue influence and fraud. The executors were made plaintiffs, to sustain the will, and are…
1Opinion of the CourtJustice Paxson
The growing disposition of courts and juries to set aside last wills and testaments, and to substitute in lieu thereof their own notions as to what a testator should do with his property, is not to be encouraged. No right of the citizen is more valued than the power to dispose of his property by will. No right is more solemnly assured to him by the law. Nor does it depend in any sense upon the judicious exercise of it. It rarely happens that a man bequeaths his estate to the entire satisfaction of either his family or friends. In many instances testamentary dispositions of property seem…
2Cited by39 opinions
- Travis v. TeterSupreme Court of Pennsylvania · 1952
- Phillips' EstateSupreme Court of Pennsylvania · 1914
- McCown v. FraserSupreme Court of Pennsylvania · 1937
- Girard Will CaseSupreme Court of Pennsylvania · 1956
- Olshefski's EstateSupreme Court of Pennsylvania · 1939
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