Legal Opinion

Davis' Estate

Pennsylvania Orphans' Court, Philadelphia County

Decided February 6, 1942No. 1646 of 1940Published

1Opinion of the Court

Bolger, J.,

The persons contesting the will are collaterals whose status is challenged by exceptant. This point raised by the first exception is rendered moot by reason of the formal appearance of the Attorney General, who claims the estate by way of possible escheat. However, this does not mean that contestants are no longer proper parties because it is essential in will contests to have all possible claimants, including all possible heirs of record, so that they may all have their day in court at the same time upon the determination of the validity of the will. Likewise it does not mean that…

2Cases cited9 opinions

  1. Maginn's EstateSupreme Court of Pennsylvania · 1923
  2. Churchill's EstateSupreme Court of Pennsylvania · 1918
  3. Rosenthal's EstateSupreme Court of Pennsylvania · 1940
  4. Seiter's EstateSupreme Court of Pennsylvania · 1919
  5. Fosselman v. ElderSupreme Court of Pennsylvania · 1881

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