Fallon's Estate
Supreme Court of Pennsylvania
Appeal, No. 12, Jan. T., 1906, by-Amy L. Fallon, from decree of O. O. Del. Co., reversing decree of Register of Wills in Estate of Christopher Fallon, deceased. From the record it appeared that Christopher Fallon died March 27, 1905, leaving a widow and four minor children.
Read the full summary
Appeal, No. 12, Jan. T., 1906, by-Amy L. Fallon, from decree of O. O. Del. Co., reversing decree of Register of Wills in Estate of Christopher Fallon, deceased. From the record it appeared that Christopher Fallon died March 27, 1905, leaving a widow and four minor children. The widow claimed that the decedent had made a holographic will before the birth of any of the children giving all of his property to her and appointing her sole executrix and that he had made a new holographic will in exactly the same terms, after the birth of each child, the last one in September or October, 1895, and…
1Opinion of the Court
Pee Curiam,
Impressed with the sincerity of the belief both of appellant and her counsel in the justice of her claim, we have examined this case with a disposition to view it favorably. But we are obliged to agree with the court below that the testimony does not come up to the legal requirements of a second witness, and that to hold the will established would make a dangerous departure from the precedents under the settled rule.
The will made in 1895 was last seen in the possession of the testator. The presumption, therefore, arises that it was destroyed by him, animo revocandi: Deaves’s…
2Cases cited2 opinions
- Estate of DeavesSupreme Court of Pennsylvania · 1891
- Stewart's EstateSupreme Court of Pennsylvania · 1892
3Cited by7 opinions
- Dalbey's EstateSupreme Court of Pennsylvania · 1937
- Murray WillSupreme Court of Pennsylvania · 1961
- Glockner v. GlocknerSupreme Court of Pennsylvania · 1919
- Lawman's EstateSupreme Court of Pennsylvania · 1922
- McCaffrey WillSupreme Court of Pennsylvania · 1973
2 more not listed; retrieve them via the Exa API.