Legal Opinion

Will of Fransen

Supreme Court of Pennsylvania

Decided July 1, 1856PublishedCited by 6 opinions

Appeal from the Register’s Court of Philadelphia. This was an appeal from the decree of the Register’s Court, reversing the decision of the register, admitting to probate, and issuing letters testamentary thereon, of the will of Mrs. Anne Josephine Fransen, deceased.

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Appeal from the Register’s Court of Philadelphia. This was an appeal from the decree of the Register’s Court, reversing the decision of the register, admitting to probate, and issuing letters testamentary thereon, of the will of Mrs. Anne Josephine Fransen, deceased. Mrs. Eransen was the daughter of the late Bernard M. Carter, of the city of Philadelphia, and entitled to considerable property under the will of her father, and which was held by Charles Carter in trust for her use during life; with remainder over to her sisters and their children, if she died without issue, and intestate. Miss…

1Opinion of the Court

The opinion of the court was delivered by

Woodward, J.

Several questions arise upon the record of this interesting case, which I proceed to notice in order.

1. Was Mrs. Fransen’s marriage a revocation of her will previously made and duly executed ?

It is admitted that the 16th section of our Act of 1833 concerning wills would make the marriage a revocation if that provision be not virtually repealed by the Act of 1848, but it is argued that the Act of 1848 relating to the separate estates of married women and giving them the power of disposition by will, has made such an entire change in the…

2Cited by6 opinions

  1. Kerchner's EstateSuperior Court of Pennsylvania · 1909
  2. Fenn v. ReadSupreme Court of Pennsylvania · 1791
  3. Holmes' EstateSupreme Court of Pennsylvania · 1913
  4. Booth's WillOregon Supreme Court · 1901
  5. Smith v. ClemsonSuperior Court of Delaware · 1880

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