Legal Opinion

Hodgson's Estate

Supreme Court of Pennsylvania

Decided March 14, 1921No. Appeal, No. 25PublishedCited by 19 opinions

Appeal, No. 25, Oct. T., 1920, by Henry H. Hodgson and Martha L. Hodgson, from decree of O. C. Allegheny Co., March T., 1919, No. 452, dismissing petition for probate of lost will, in estate of Henry Hodgson, deceased. Petition for probate of lost will. Before Miller, P. J. The opinion of the Supreme Court states the facts. The court dismissed the petition. Henry H. Hodgson and Martha L. Hodgson, petitioners, appealed.

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Appeal, No. 25, Oct. T., 1920, by Henry H. Hodgson and Martha L. Hodgson, from decree of O. C. Allegheny Co., March T., 1919, No. 452, dismissing petition for probate of lost will, in estate of Henry Hodgson, deceased. Petition for probate of lost will. Before Miller, P. J. The opinion of the Supreme Court states the facts. The court dismissed the petition. Henry H. Hodgson and Martha L. Hodgson, petitioners, appealed. Error assigned, inter alia, was above decree, quoting it. . Emerson Q-. Hess, with him Leighton H. Campbell, for appellant.—The will was not revoked by testator: Glockner v.…

1Opinion of the Court

Opinion by

Mr. Justice Kephart,

A reputable scrivener handed to decedent a paper prepared at the latter’s direction to be executed as his will. For present purposes we may assume this paper, unchanged, was duly executed by decedent, attested by two subscribing witnesses a few days before his death, placed in a bureau drawer some feet from his bed, and decedent was thereafter in such physical condition as to be unable to reach the place where the will was located. After his death, this paper could not be found. No information relative to its existence has been brought to light, though testator…

2Cases cited4 opinions

  1. Foster's AppealSupreme Court of Pennsylvania · 1878
  2. Michell v. LowSupreme Court of Pennsylvania · 1906
  3. Glockner v. GlocknerSupreme Court of Pennsylvania · 1919
  4. Rhoads' EstateSupreme Court of Pennsylvania · 1913

3Cited by19 opinions

  1. Harrison's EstateSupreme Court of Pennsylvania · 1934
  2. Moos v. MoosIllinois Supreme Court · 1953
  3. Hull v. CartinIdaho Supreme Court · 1940
  4. Estate of: I. Wilner Appeal of: Baker, L.Supreme Court of Pennsylvania · 2016
  5. In Re Estate of KeiserSupreme Court of Pennsylvania · 1989

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