Churchill's Estate
Supreme Court of Pennsylvania
Appeal, No. 132, Oct. T., 1917, by George R. Churchill, from decree of O. C. Indiana Co., March T., 1916, No. 101, affirming decree of register of wills admitting to probate a testamentary paper as the will of P. Churchill, in Estate of P. Churchill, deceased. Appeal from decree of register of wills admitting to probate a writing as the will of P. Churchill, deceased.
Read the full summary
Appeal, No. 132, Oct. T., 1917, by George R. Churchill, from decree of O. C. Indiana Co., March T., 1916, No. 101, affirming decree of register of wills admitting to probate a testamentary paper as the will of P. Churchill, in Estate of P. Churchill, deceased. Appeal from decree of register of wills admitting to probate a writing as the will of P. Churchill, deceased. Before Langham, P. J. From the record it appeared that the case turned upon whether a paper admitted to probate as a will had been signed by the decedent at the end thereof. On appeal from the decree of the register admitting it…
1Opinion of the Court
Opinion by
Mr. Chief Justice Brown,
The requirement of the Act of April 8,1833, P. L. 249, is that every will shall' be in writing and signed by the testator “at the end thereof.” This is a most wholesome provision and remedied mischiefs which existed at the time the act was passed, for the English Statute of Frauds was held to have been satisfied whenever the name of the testator, in his own handwriting, appeared in the introductory or any other part of the instrument offered for probate: Hays v. Harden, 6 Pa. 409. “Our statute of wills, passed April 8th, 1833, was intended to form a complete…
2Cases cited6 opinions
- Estate of KnoxSupreme Court of Pennsylvania · 1890
- Baker's AppealSupreme Court of Pennsylvania · 1884
- Appeal of WinelandSupreme Court of Pennsylvania · 1888
- Heise v. HeiseSupreme Court of Pennsylvania · 1858
- Hays v. HardenSupreme Court of Pennsylvania · 1847
1 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Maginn's EstateSupreme Court of Pennsylvania · 1923
- Kimmel's EstateSupreme Court of Pennsylvania · 1924
- Gardner v. BalboniSupreme Court of Connecticut · 1991
- Baldwin WillSupreme Court of Pennsylvania · 1947
- Brown EstateSupreme Court of Pennsylvania · 1943
30 more not listed; retrieve them via the Exa API.