Legal Opinion

Folmar's Appeal

Supreme Court of Pennsylvania

Decided May 18, 1871PublishedCited by 6 opinions

May 9th 1871. Before Thompson, C. J., Agnew, Sharswood and Williams, JJ. Appeal from the decree of the Orphans’ Court of Somerset county: Of May Term 1871, No. 105. In the distribution of the estate of Theobald Folmar, deceased.

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May 9th 1871. Before Thompson, C. J., Agnew, Sharswood and Williams, JJ. Appeal from the decree of the Orphans’ Court of Somerset county: Of May Term 1871, No. 105. In the distribution of the estate of Theobald Folmar, deceased. The decedent died shortly after the 9th of March 1847, having on that day made his will, by which he gave one-half of his estate, real and personal, to his wife Sarah, and the other half to his daughter Matilda, his real estate to be sold when his wife should direct, as specified in the will. He appointed Peter Levy executor, with power to sell and convey his real…

1Opinion of the Court

The opinion of the court was delivered,

by AetNBW, J.

Theobald Eolmar made his will on the 9th of March 1847, and probate thereof was made before the register of wills of Somerset county on the 16th of March 1847, the subscribing witnesses (who are now both dead) testifying “ that they were present and saw and heard the within-named testator, Theobald Eolmar, sign, seal, publish, pronounce and declare this instrument of writing as and for his last will and testament.” This probate remained uncontested until the year 1869, the executor having in the mean time sold the real estate of the testator…

2Cited by6 opinions

  1. Miller's EstateSupreme Court of Pennsylvania · 1895
  2. Mangold v. NeumanSupreme Court of Pennsylvania · 1952
  3. Bunce v. GalbrathSupreme Court of Pennsylvania · 1920
  4. Way v. HootonSupreme Court of Pennsylvania · 1893
  5. Amberson's EstateSupreme Court of Pennsylvania · 1903

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