Estate of Craft
Supreme Court of Pennsylvania
Appeal, No. 4, Oct. T., 1894, from decree of 0. 0. Venango Co., sustaining exceptions to auditor’s report. Exceptions to auditor’s report. From the report of C. A. Myers, Esq., auditor, the following facts appeared: Florence Hopkins, a widow, in contemplation of a marriage about to be solemnized between herself and James N. Craft, on Sept. 30, 1886, made her last will and testament, in which she provided for the disposition of her whole estate.
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Appeal, No. 4, Oct. T., 1894, from decree of 0. 0. Venango Co., sustaining exceptions to auditor’s report. Exceptions to auditor’s report. From the report of C. A. Myers, Esq., auditor, the following facts appeared: Florence Hopkins, a widow, in contemplation of a marriage about to be solemnized between herself and James N. Craft, on Sept. 30, 1886, made her last will and testament, in which she provided for the disposition of her whole estate. James N. Craft, her prospective husband, on the same date, by a writing attached to said will, gave his consent to the disposition therein made. On…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
The will of Mrs. Hopkins was absolutely inoperative as a will, her marriage to Craft having revoked it under the express language of section 16 of the act of 8th April, 1833, P. L. 250, that “a will executed by a single woman shall be deemed revoked by her subsequent marriage.” Nor is this effect defeated as to the appellant, hy the probate. In Hagarty’s Appeal, 75 Pa. 503, it was held that on a question of distribution the validity of testamentary provisions depending on facts dehors the record may be inquired into notwithstanding probate. And in Robeno v.…
2Cases cited3 opinions
- Hegarty's AppealSupreme Court of Pennsylvania · 1874
- Lant's AppealSupreme Court of Pennsylvania · 1880
- Robeno v. Marlatt, Pennsylvania Court of Common Pleas, Philadelphia County1890
3Cited by8 opinions
- Large v. DierckenCalifornia Supreme Court · 1926
- Holwig EstateSupreme Court of Pennsylvania · 1943
- Owens v. HainesSupreme Court of Pennsylvania · 1901
- Stout v. YoungSupreme Court of Pennsylvania · 1907
- In Re Estate of KellySupreme Court of Minnesota · 1934
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