Cuthbertson's Appeal
Supreme Court of Pennsylvania
Appeals from a decree of the Orphans’ Court of Philadelphia county; Of January Term 1880, No. 228. Appeals of James Cuthbertson, James Georgeson and Agnes, his wife, in right of said Agnes, Jeanie Cuthbertson, the Contributors to the Pennsylvania Hospital and the Zoological Society of Philadelphia, from a decree of the court refusing to grant an issue devisavit vel non, to determine whether a certain paper, purporting to be a codicil to the last will and testament of one…
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Appeals from a decree of the Orphans’ Court of Philadelphia county; Of January Term 1880, No. 228. Appeals of James Cuthbertson, James Georgeson and Agnes, his wife, in right of said Agnes, Jeanie Cuthbertson, the Contributors to the Pennsylvania Hospital and the Zoological Society of Philadelphia, from a decree of the court refusing to grant an issue devisavit vel non, to determine whether a certain paper, purporting to be a codicil to the last will and testament of one John L. Neill, was a valid codicil or not, and dismissing an appeal from the decision of the Register of Wills admitting…
1Opinion of the CourtChief Justice Sharswood
Boyd v. Boyd, 16 P. F. Smith 283, established a general principle of the highest importance for the protection of persons who call in professional or other advisers to assist them in making their last wills. That principle may be briefly stated thus : Where the alleged testator is shown by evidence to be weak in mind, whether arising from age, bodily infirmity, great sorrow, or other cause tending to produce such weakness, though not sufficient to create testamentary incapacity, and the person whose advice has been sought and taken receives a large benefit under the instrument propounded as a…
2Cited by21 opinions
- Pusey's EstateSupreme Court of Pennsylvania · 1935
- Phillips' EstateSupreme Court of Pennsylvania · 1914
- In Re Estate of ClarkSupreme Court of Pennsylvania · 1975
- Llewellyn's EstateSupreme Court of Pennsylvania · 1929
- Estate of Townsend v. TownsendSupreme Court of Iowa · 1905
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