Estate of Deaves
Supreme Court of Pennsylvania
No. 149 July Term 1890, Sup. Ct.; court below, number and term not given. On December 2, 1889, Hannah B. Deaves filed with the register of wills a petition, verified by her affidavit, averring that the petitioner’s husband, Lewis Deaves, died on October 18, 1889, leaving a widow, the petitioner, and one son, George Deaves, a minor, having as his guardian Florence Lockwood; that the decedent in his lifetime duly executed a will in writing whereby in substance he bequeathed to…
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No. 149 July Term 1890, Sup. Ct.; court below, number and term not given. On December 2, 1889, Hannah B. Deaves filed with the register of wills a petition, verified by her affidavit, averring that the petitioner’s husband, Lewis Deaves, died on October 18, 1889, leaving a widow, the petitioner, and one son, George Deaves, a minor, having as his guardian Florence Lockwood; that the decedent in his lifetime duly executed a will in writing whereby in substance he bequeathed to his said son, George Deaves, one hundred dollars, payable at majority, and devised and bequeathed all the residue of…
1Opinion of the Court
Opinion,
Mr. Chief Justice Paxson:
This was an attempt to probate a will alleged to have been lost during the lifetime of the testator. There is no doubt that when it is shown that the will of a testator was in existence, unrevoked, at the time of his death, and was afterwards lost or de*249stroyed, its contents may be proved by parol, and the will, as thus reproduced, may be admitted to probate. So much was decided in Foster’s App., 87 Pa. 67. The weak spot in the appellant’s case is that there was no proof that the testator left behind him an unrevoked will, or any will whatever. On the contrary,…
2Cases cited1 opinion
- Foster's AppealSupreme Court of Pennsylvania · 1878
3Cited by13 opinions
- In re Probate of the Will of FoxNew York Court of Appeals · 1961
- Murray WillSupreme Court of Pennsylvania · 1961
- Parsons v. BalsonWisconsin Supreme Court · 1906
- Fallon's EstateSupreme Court of Pennsylvania · 1906
- In Re Estate of Bernard ThomasMichigan Supreme Court · 1935
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