Wickersham's Appeal
Supreme Court of Pennsylvania
Appeal from the Register’s Court of Philadelphia: No. 45, to July Term 1872. In the matter of the probate, &c., of the will of Eliza C. Wickersham, deceased. On the 13th of September 1871, Morris S. Wickersham, by his attorney, Samuel Hood, Esq., filed with the register of wills, &c., of Philadelphia, a caveat to the will of Eliza C. Wickersham, deceased.
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Appeal from the Register’s Court of Philadelphia: No. 45, to July Term 1872. In the matter of the probate, &c., of the will of Eliza C. Wickersham, deceased. On the 13th of September 1871, Morris S. Wickersham, by his attorney, Samuel Hood, Esq., filed with the register of wills, &c., of Philadelphia, a caveat to the will of Eliza C. Wickersham, deceased. On the 28th of the same month, a paper writing purporting to be the will of Eliza C. Wickersham, was presented to the register for probate. On that day the testimony of the subscribing witnesses was taken. The testimony of the subscribing…
1Opinion of the Court
The opinion of the court was delivered, May 11th 1874, by
Mercur, J.
It is not obligatory upon the register to issue a precept to the Court of Common Pleas, directing an issue to be formed upon the facts touching the validity of a testamentary writing offered for probate. The language, “it shall be lawful,” contained in the thirteenth section of the Act of 15th April 1832, Purd. Dig. 406, pi. 8, is not mandatory upon the register. It does not take from him the exercise of a sound legal discretion. In the exercise of that discretion he may determine whether he will decide upon the matters of…
2Cited by1 opinion
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