Estate of Cawley
Pennsylvania Orphans' Court, Union County
No. 94 July Term 1889, Sup. Ct.; court below, number and term not given. On March 5,1888, John H. Cawley entered an appeal in the court below from a decree of the register of wills admitting to probate a certain paper dated March 16, 1886, as the will of Mary Cawley, deceased, and granting letters testamentary thereon to Horace B. Cawley, “and from the refusal of the said register, on petition filed and hearing had, to vacate, annul and set aside the admission of said…
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No. 94 July Term 1889, Sup. Ct.; court below, number and term not given. On March 5,1888, John H. Cawley entered an appeal in the court below from a decree of the register of wills admitting to probate a certain paper dated March 16, 1886, as the will of Mary Cawley, deceased, and granting letters testamentary thereon to Horace B. Cawley, “and from the refusal of the said register, on petition filed and hearing had, to vacate, annul and set aside the admission of said alleged will to probate, and to revoke the said letters testamentary.” A citation having been awarded and answered, the…
1Opinion of the Court
Opinion,
Mr. Justice Williams :
The question presented by this appeal is one that has not arisen in Pennsylvania until now. It is important to a correct understanding of the real ground of controversy, to bear in mind the peculiar characteristics of a contract, and those of a will. A contract is an agreement between parties for the doing or not doing of some particular thing. The undertaking of one party is made in consideration of something to be paid or done by or on behalf of the other party, so that the obligation to do, and the right to require performance, are reciprocal. A will, on the…
2Cases cited4 opinions
- In Re the Probate of the Last Will & Testament of DiezNew York Court of Appeals · 1872
- Schumaker v. SchmidtSupreme Court of Alabama · 1870
- Evans v. SmithSupreme Court of Georgia · 1859
- Lewis v. ScofieldSupreme Court of Connecticut · 1857
3Cited by35 opinions
- Stevens v. MyersOregon Supreme Court · 1918
- Canada v. IhmsenWyoming Supreme Court · 1925
- McGinley's EstateSupreme Court of Pennsylvania · 1917
- Edwall v. JessephWashington Supreme Court · 1913
- Wilson v. StarbuckWest Virginia Supreme Court · 1935
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