Legal Opinion · Dissent

Ford's Estate

Pennsylvania Orphans' Court, Philadelphia County

Decided January 10, 1930Published

1Dissent

Stearne, J.,

dissenting. — I am unable to concur in the conclusion reached by the majority of the court. All of the writings offered for probate, as wills, should have been refused. The Register properly declined to probate the mutilated will of 1927, as well as the executed carbon copy of the will of 1926, the original of which, under the proofs submitted, having been presumptively destroyed by the decedent. The probate of the will of 1924 was in error, because I am of opinion that the evidence offered of the res gestee and of all the facts and circumstances surrounding the mutilation and…

2Cases cited5 opinions

  1. Flintham v. BradfordSupreme Court of Pennsylvania · 1848
  2. Kerchner's EstateSuperior Court of Pennsylvania · 1909
  3. Compton v. HoffmanSupreme Court of Pennsylvania · 1919
  4. Manning's EstateSuperior Court of Pennsylvania · 1911
  5. Brock's EstateSupreme Court of Pennsylvania · 1915

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