Legal Opinion

Baker's Appeal

Supreme Court of Pennsylvania

Decided October 20, 1884No. 32PublishedCited by 28 opinions

Appeal from the Orphans’ Court of Washington county: Of October and November Term, 1884, No. 32. Appeal of David S. Baker from a decree of said court, reversing the decree of the Begister of Wills admitting to probate a certain testamentary instrument as the last will and testament of George Baker, deceased, on tbe ground that tbe same was not signed by tbe testator “ at the end thereof,” as required by tbe Act of April 8th, 1833, § 6, Purd.

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Appeal from the Orphans’ Court of Washington county: Of October and November Term, 1884, No. 32. Appeal of David S. Baker from a decree of said court, reversing the decree of the Begister of Wills admitting to probate a certain testamentary instrument as the last will and testament of George Baker, deceased, on tbe ground that tbe same was not signed by tbe testator “ at the end thereof,” as required by tbe Act of April 8th, 1833, § 6, Purd. Dig. 1474 pi. 6. The instrument in question was written' on the first and third pages of a sheet of foolscap paper and was signed and sealed by the…

1Opinion of the CourtJustice Cbabk

The sixth section of the Act of 8th April, 1833, P. L. 249, provides that “ every will shall be in writing, and, unless the person making the same shall be prevented by the extremity of his last sickness, shall be signed by him, at the end thereof,” etc. The construction, which had been previously given to the Act of 1705, made this provision necessary; the plain purpose of the legislature, in requiring the signature of the testator to be written at the end of the will, was to assimilate wills, in the mode of their execution, to other instruments for the transmission of title, to furnish a…

2Cases cited4 opinions

  1. Phelps v. RobbinsSupreme Court of Connecticut · 1873
  2. Crosby v. MasonSupreme Court of Connecticut · 1865
  3. Hauberger v. RootSupreme Court of Pennsylvania · 1843
  4. Roney v. StiltzSupreme Court of Pennsylvania · 1840

3Cited by28 opinions

  1. Estate of KnoxSupreme Court of Pennsylvania · 1890
  2. Maginn's EstateSupreme Court of Pennsylvania · 1923
  3. Kimmel's EstateSupreme Court of Pennsylvania · 1924
  4. Churchill's EstateSupreme Court of Pennsylvania · 1918
  5. Seiter's EstateSupreme Court of Pennsylvania · 1919

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