Legal Opinion

Brennan's Estate

Supreme Court of Pennsylvania

Decided March 30, 1914No. Appeal, No. 78PublishedCited by 10 opinions

Appeal, No. 78, Jan. T., 1913, by Michael Brennan, from decree of O. C. Lackawanna Co., Year 1911, No. 130, dismissing an appeal from the decision of the register of wills refusing to admit a paper to probate as the last will and testament of James Brennan in Estate of James Brennan, Deceased. Appeal from the register of wills.

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Appeal, No. 78, Jan. T., 1913, by Michael Brennan, from decree of O. C. Lackawanna Co., Year 1911, No. 130, dismissing an appeal from the decision of the register of wills refusing to admit a paper to probate as the last will and testament of James Brennan in Estate of James Brennan, Deceased. Appeal from the register of wills. The following paper was offered for probate: “Carbondale “Michael iam owen afew dollars Hear to different persons and ihope that you will pay it for me as there is no one else that I could dependon John Williams |8.00 Cosby 7.75 ther is afew dollars owen to Andred Watt…

1Opinion of the Court

Pee Cueiam,

We concur in the conclusion stated in the- opinion of the learned judge of the Orphans’ Court. Prior to the Wills Act of April 8, 1833, P. L. 249, it was not essential to the validity of a will that it should be signed by the testator if written by him or by his special direction. Section 6 of the act requires that, “Every will shall be in writing and unless the person making the same shall be prevented by the extremity of his last sickness, shall be signed by him at the end thereof or by some person in his presence and by his express direction.” The manifest intention of the…

2Cases cited4 opinions

  1. Estate of KnoxSupreme Court of Pennsylvania · 1890
  2. Heise v. HeiseSupreme Court of Pennsylvania · 1858
  3. Plate's EstateSupreme Court of Pennsylvania · 1892
  4. Stricker v. GrovesSupreme Court of Pennsylvania · 1840

3Cited by10 opinions

  1. Kimmel's EstateSupreme Court of Pennsylvania · 1924
  2. Baldwin WillSupreme Court of Pennsylvania · 1947
  3. Estate of Mary Jane WilsonSuperior Court of Pennsylvania · 1926
  4. Dietterich's EstateSuperior Court of Pennsylvania · 1937
  5. Van Gilder WillSupreme Court of Pennsylvania · 1966

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