Legal Opinion

Melville's Estate

Supreme Court of Pennsylvania

Decided May 11, 1914No. Appeals, Nos. 53 and 54PublishedCited by 20 opinions

Appeals, Nos. 53 and 54, Jan. T., 1914, by Max J. Stern and Walter M. McFarland, from decree of O. C. Philadelphia Co., April Term, 1913, No. 188,- sustaining exceptions to adjudication in Estate of George W. Melville, Deceased. Exceptions to adjudication. Before Gest, J. The opinion of the Supreme Court states the facts. The court sustained the exceptions in an opinion filed by Dallett, P. J. Max J. Stern and Walter M. McFarland, appealed.

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Appeals, Nos. 53 and 54, Jan. T., 1914, by Max J. Stern and Walter M. McFarland, from decree of O. C. Philadelphia Co., April Term, 1913, No. 188,- sustaining exceptions to adjudication in Estate of George W. Melville, Deceased. Exceptions to adjudication. Before Gest, J. The opinion of the Supreme Court states the facts. The court sustained the exceptions in an opinion filed by Dallett, P. J. Max J. Stern and Walter M. McFarland, appealed. Errors assigned were in sustaining the exceptions, and the decree of the court. The revocation contained in the codicil of February 22, 1912, was not…

1Opinion of the Court

Opinion by

Mr. Justice Stewaet,

We have here two appeals involving precisely the same question. The several appellants are the persons named in the following clause, indicated as the 29th, appearing in the last will of Admiral George W. Melville, deceased, bearing date 5th July, 1910, and duly probated:

“I do hereby appoint D'r. Max J. Stern, M.D., of Philadelphia, and Walter M. McFarland of New York, ex-officer of the Navy and at present writing in the employ *320of the Babcock & Wilson Boiler Company, of New York, cojointly to be the executors of this my last Will and testament to act without…

2Cases cited5 opinions

  1. Price v. MaxwellSupreme Court of Pennsylvania · 1857
  2. Teacle's EstateSupreme Court of Pennsylvania · 1893
  3. Waln's EstateSupreme Court of Pennsylvania · 1893
  4. Jones v. MurphySupreme Court of Pennsylvania · 1844
  5. Appeal of the Lutheran Congregation of Union ChurchSupreme Court of Pennsylvania · 1886

3Cited by20 opinions

  1. McClure's EstateSupreme Court of Pennsylvania · 1932
  2. McGuigen EstateSupreme Court of Pennsylvania · 1957
  3. Braun EstateSupreme Court of Pennsylvania · 1947
  4. Estate of ShellySupreme Court of Pennsylvania · 1979
  5. Holt EstateSupreme Court of Pennsylvania · 1961

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