Neff's Appeal
Supreme Court of Pennsylvania
Appeal from the Register’s Court of Philadelphia. This was an appeal, by William P. Neff, Charles Neff,- and John Neff, Jr., from the decision of the Register’s Court in Philadelphia in relation to the will of their deceased father, John R. Neff. The case was this:— John R. Neff, of Philadelphia, the owner of a large estate, real and personal, made a will, which bore date 22d April 1850. On the 14th of August 1857, he made another will.
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Appeal from the Register’s Court of Philadelphia. This was an appeal, by William P. Neff, Charles Neff,- and John Neff, Jr., from the decision of the Register’s Court in Philadelphia in relation to the will of their deceased father, John R. Neff. The case was this:— John R. Neff, of Philadelphia, the owner of a large estate, real and personal, made a will, which bore date 22d April 1850. On the 14th of August 1857, he made another will. This last will contained the following clause : “ Hereby revoking all wills and testaments by me at any time heretofore made, and declaring these presents…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
— That the effect of a codicil duly executed is to republish the will to which it refers, whether the codicil bo annexed to the will or not, is the doctrine of all the authorities. The legal presumption of intended republication may indeed be rebutted by the language of the codicil; but in the absence of any expressed intent to the contrary, it always operates as a new adoption of the will, and a republieation at the time when the codicil was made. Upon so plain a subject it seems almost superfluous to refer to authorities. In Goodtitle v.…
2Cited by14 opinions
- Spangenberg EstateSupreme Court of Pennsylvania · 1948
- Knecht's EstateSupreme Court of Pennsylvania · 1941
- Lee's EstateSuperior Court of Pennsylvania · 1901
- DeHaven's EstateSupreme Court of Pennsylvania · 1903
- Kerchner's EstateSuperior Court of Pennsylvania · 1909
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