Kerchner's Estate
Superior Court of Pennsylvania
Appeal, No. 57, April T., 1909, by Caroline Doell and Henry Werner, from decree of O. C. Cambria Co. June T., 1907, No. 7,606, refusing issue devisavit vel non in Estate of Wilhelmina Kerchner. Rule to show cause why an issue devisavit vel non should not be awarded. Before O’Connor, P. J. The facts are stated in the opinion of the Superior Court. Error asigned was decree refusing the issue.
1Opinion of the Court
Opinion by
Beaver, J.,
The court below found as a fact, upon testimony practically undisputed, that the decedent destroyed, by burning, a will executed by her in February, 1905, and that, by reason of such destruction and the declarations made at the time, it was her intention to revive and continue the provisions of a previous will dated in 1902. Letters testamentary having been issued to the person named in the will of 1902 as executor, the court, upon petition and rule granted to show cause, refused to revoke the said letters and to grant an issue devisavit vel non.
The appellant states the…
2Cases cited5 opinions
- Neff's AppealSupreme Court of Pennsylvania · 1865
- Wallace v. BlairSupreme Court of Pennsylvania · 1854
- Flintham v. BradfordSupreme Court of Pennsylvania · 1848
- Will of FransenSupreme Court of Pennsylvania · 1856
- Jack v. ShoenbergerSupreme Court of Pennsylvania · 1853
3Cited by6 opinions
- Burtt WillSupreme Court of Pennsylvania · 1944
- Manning's EstateSuperior Court of Pennsylvania · 1911
- Burtt WillSupreme Court of Pennsylvania · 1944
- Burtt's EstatePennsylvania Orphans' Court, Philadelphia County · 1943
- Ford's EstatePennsylvania Orphans' Court, Philadelphia County · 1930
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