Hayes's Estate
Superior Court of Pennsylvania
Appeal, No. 42, by Lydia Hanbest et al. from decree of O. C. Philadelphia Co., Jan. T., 1902, No. 501, dismissing exceptions to adjudication in estate of Catharine Hayes, deceased. Exceptions to adjudication.
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Appeal, No. 42, by Lydia Hanbest et al. from decree of O. C. Philadelphia Co., Jan. T., 1902, No. 501, dismissing exceptions to adjudication in estate of Catharine Hayes, deceased. Exceptions to adjudication. Ferguson, J., filed the following adjudication: The testatrix by her will recited as follows: “Whereas my husband, John Hayes, having wilfully and. maliciously deserted me for the past twelve years; and failed and refused to contribute to my support, I order and direct that the said John Hayes shall not share in the distribution of my estate, nor receive or enjoy any part or portion…
1Opinion of the Court
Per Curiam,
The objection, that in the distribution of a deceased wife’s estate, the controversy being between her husband electing not to take under her will and others claiming under the will, the husband is not a competent witness in his own behalf for any purpose, is clearly shown in the opinion filed by the learned auditing judge to be not well founded. Is he a competent witness to the fact of her adultery, where his testimony does not involve the disclosure of confidential communications made by her to him? This question is not particularly discussed in the opinion filed by the learned…
2Cases cited1 opinion
- Dumbach v. BishopSupreme Court of Pennsylvania · 1898
3Cited by11 opinions
- Huffman v. SimmonsSuperior Court of Pennsylvania · 1938
- Estate of Martina R. NixonSuperior Court of Pennsylvania · 1931
- Commonwealth v. BorrisSuperior Court of Pennsylvania · 1977
- Stewart v. F. A. North Co.Superior Court of Pennsylvania · 1916
- Commonwealth v. BeddickSuperior Court of Pennsylvania · 1956
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