Schwilke's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Lancaster county: Of July Term 1882, No. 20. Appeal of Catharine Schwilke from a decree of said court awarding an issue devisavit vel non, to test the validity of the alleged last will and testament of William Millar, deceased; and revoking the letters testamentary granted on said will. The following were the material facts: William Millar died December 11th 1881 leaving as his nearest of kin, Mary E. Smethurst-, a niece.
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Appeal from the Orphans’ Court of Lancaster county: Of July Term 1882, No. 20. Appeal of Catharine Schwilke from a decree of said court awarding an issue devisavit vel non, to test the validity of the alleged last will and testament of William Millar, deceased; and revoking the letters testamentary granted on said will. The following were the material facts: William Millar died December 11th 1881 leaving as his nearest of kin, Mary E. Smethurst-, a niece. On December 6th 1881 he made the alleged will, which was duly proved, and letters testamentary granted thereon by the register to Catharine…
1Opinion of the CourtJustice Mercur
This record presents two separate questions. They are severally stated in errors assigned. The one is, that the court erred in directing an issue devisavit vel non to the common pleas, to try the validity of a paper purporting to be the last will and testament of William Millar. The other, that the court erred in revoking the letters testamentary issued thereon to the appellant.
*6311. The forty-first section of -the act of March 15th 1832, Pur. Dig. 1258, pi. 22, declares, “ Whenever a dispute upon a matter of fact arises before any register’s court, the said court shall, at the request of either…
2Cited by12 opinions
- Phillips' EstateSupreme Court of Pennsylvania · 1914
- Miller's EstateSupreme Court of Pennsylvania · 1895
- Robinson v. RobinsonSupreme Court of Pennsylvania · 1902
- Murray WillSupreme Court of Pennsylvania · 1961
- Shepard's EstateSupreme Court of Pennsylvania · 1895
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