Legal Opinion · Dissent
McCaffrey Estate
Pennsylvania Court of Common Pleas, Philadelphia County
Decided August 17, 1972No. 2148 of 1961Published
1Dissent
DISSENTING OPINION
SHOYER, J.
We are called upon to decide whether James J. McCaffrey, in his eighty-ninth year, died testate or intestate.
Admittedly, this decedent executed a lawyer-drawn will on July 3, 1947, which complied with all the solemn and formal requirements of the Pennsylvania Wills Act. Admittedly, his ribbon copy, duly executed, was stolen when his home was burglarized on December 4, 1953. Admittedly, he was told by his “former” lawyer that he should make a new will. Admittedly, he carefully preserved a conformed copy of the original which he received from the same lawyer after…
2Cases cited29 opinions
- Watkins v. Prudential InsuranceSupreme Court of Pennsylvania · 1934
- Belmont Laboratories, Inc. v. HeistSupreme Court of Pennsylvania · 1930
- Kalyvas v. KalyvasSupreme Court of Pennsylvania · 1952
- Schultz v. . SchultzNew York Court of Appeals · 1866
- Kehr WillSupreme Court of Pennsylvania · 1953
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