De Silver's Estate
Superior Court of Pennsylvania
Appeal, No. 153, Oct. T., 1906, by Mary A. Wade, from decree of O. C. Phila. Co., July T., 1905, No. 231, dismissing exceptions to adjudication in Estate of Emily B. De Silver, deceased. Exceptions to adjudication. The opinion of the Superior Court states the case. JError assigned was in dismissing exceptions to adjudication.
1Opinion of the Court
Opinion by
Rice, P. J.,
The claimant in the court below, the appellant here, was not a competent witness in her own behalf in this proceeding as to matters occurring prior to the death of the decedent, but was competent to testify as to matters occurring afterwards. Therefore the learned auditing judge, when he said “ the testimony of the claimant is accordingly disregarded,” was in technical error, if by the foregoing remark her entire testimony was intended. Looking at the context, however, we are warranted in concluding that he had in mind simply her testimony as to matters occurring prior…
2Cases cited2 opinions
- Robinson v. BuckSupreme Court of Pennsylvania · 1872
- Shadle's EstateSuperior Court of Pennsylvania · 1906
3Cited by4 opinions
- Mack's EstateSupreme Court of Pennsylvania · 1924
- Commonwealth v. 3 Halves of Old Fashioned BeerSuperior Court of Pennsylvania · 1947
- Dougherty v. Allegheny CountySupreme Court of Pennsylvania · 1952
- Estate of: John Leslie RupertSuperior Court of Pennsylvania · 2016