Legal Opinion

Hook's Estate

Supreme Court of Pennsylvania

Decided November 9, 1903No. Appeal, No. 140PublishedCited by 17 opinions

Appeal, No. 140, Oct. T., 1903, by-John P. Hook et al., from decree of O. C. Greene Co., Feb; T., 1903, No. 63, dismissing appeal from Register of Wills in estate of Eliza Hook, deceased. Appeal from register of wills. The opinion of the Supreme Court states the case. Error assigned was decree dismissing appeal.

1Opinion of the Court

Opinion by

Mr. Chief Justice Mitchell,

The charge of mental incapacity at the time of making the will was practically abandoned in the court below, and has not *205been pressed here. As found by the learned judge below the very extreme that could be claimed under the testimony in that regard would be a failing of memory on the part of the testatrix which was not to the extent that would of itself establish testamentary incapacity. See Shreiner v. Shreiner, 178 Pa. 57.

The effort to establish a contract of the testatrix to divide her own estate equally if the children agreed to the proposed amicable…

2Cases cited6 opinions

  1. Yardley v. CuthbertsonSupreme Court of Pennsylvania · 1885
  2. Darlington's EstateSupreme Court of Pennsylvania · 1892
  3. Englert v. EnglertSupreme Court of Pennsylvania · 1901
  4. Shreiner v. ShreinerSupreme Court of Pennsylvania · 1896
  5. Caldwell v. AndersonSupreme Court of Pennsylvania · 1883

1 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Phillips' EstateSupreme Court of Pennsylvania · 1914
  2. Quein WillSupreme Court of Pennsylvania · 1948
  3. Keen's EstateSupreme Court of Pennsylvania · 1930
  4. Fahringer v. Strine EstateSupreme Court of Pennsylvania · 1966
  5. Kerr v. O'DonovanSupreme Court of Pennsylvania · 1957

12 more not listed; retrieve them via the Exa API.

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