Legal Opinion · Dissent

Lare Will

Supreme Court of Pennsylvania

Decided October 3, 1944No. Appeal, 106Published

1Dissent

Dissenting Opinion by

Mr. Justice Drew :

I cannot support the decision of the majority which reverses the Orphans’ Court of Allegheny County and grants an issue d.v.n. in this case. The learned Chancellor, Judge Milholland, did not abuse his judicial discretion and his findings of fact are supported by the overwhelming weight of the credible testimony, and are binding upon this Court. This is all the more true because the action of the Chancellor was sustained by the learned court en banc.

In any attempt to apply the rules of law governing the right to an issue in any case, it is necessary to…

2Cases cited30 opinions

  1. Pusey's EstateSupreme Court of Pennsylvania · 1935
  2. Phillips' EstateSupreme Court of Pennsylvania · 1914
  3. Tetlow's EstateSupreme Court of Pennsylvania · 1921
  4. Phillips's EstateSupreme Court of Pennsylvania · 1928
  5. Delaurentiis's EstateSupreme Court of Pennsylvania · 1936

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