Wikoff's Appeal
Supreme Court of Pennsylvania
This was an appeal from the decree of the Register’s Court for, the City and. County of Philadelphia, admitting to probate the will of Elizabeth Phile Stott, and the several codicils thereto. Mrs. Suit’s Will.—This will was commenced by Mrs. Stott, in March, 1843, and,was written on different papers or collections of leaves, from time to time, from that date down to December 1847, several of which she signed at the foot of the page.
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This was an appeal from the decree of the Register’s Court for, the City and. County of Philadelphia, admitting to probate the will of Elizabeth Phile Stott, and the several codicils thereto. Mrs. Suit’s Will.—This will was commenced by Mrs. Stott, in March, 1843, and,was written on different papers or collections of leaves, from time to time, from that date down to December 1847, several of which she signed at the foot of the page. Most of them are dated 5th March, 1843; one, 5th March, 1846; one, 14th June, 1847; and one, 4th December, 1847. Under date of December 4th, 1847, after naming…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
A register of wills is certainly not bound to award an issue whenever it is demanded. “ Whenever a caveat is *289entered against the admission'of any testamentary writing to probate,” it is enacted, “ and the person entering the same shall allege, as the ground thereof, any matter of fact, touching the validity of such writing, it shall be lawful for the register, at the request of any person interested, to issue a precept to the Court of Common Pleas of the respective county, directing an issue to be formed on the said fact, and also upon…
2Cited by32 opinions
- Maginn's EstateSupreme Court of Pennsylvania · 1923
- Rosenthal's EstateSupreme Court of Pennsylvania · 1940
- Seiter's EstateSupreme Court of Pennsylvania · 1919
- Blackett v. ZieglerSupreme Court of Iowa · 1911
- Covington EstateSupreme Court of Pennsylvania · 1943
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