Legal Opinion

Plate's Estate

Supreme Court of Pennsylvania

Decided March 28, 1892No. Appeal, No. 78PublishedCited by 14 opinions

Appeal, No. 78, July T., 1891, by Bettie Plate, from decree of O. C. Phila. Co., sustaining the appeal of Mrs. Sallie Runge from the order of the register of wills refusing to admit to probate an alleged! codicil to the will of Herman Theophilus Plate, deceased.

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Appeal, No. 78, July T., 1891, by Bettie Plate, from decree of O. C. Phila. Co., sustaining the appeal of Mrs. Sallie Runge from the order of the register of wills refusing to admit to probate an alleged! codicil to the will of Herman Theophilus Plate, deceased. The facts appear by the opinion of the court below, Ash-man, J., which was as follows: “ He [decedent] was a bachelor, without any kindred nearer than cousins, and was then boarding with Mrs. Runge, the widow of his former partner, whose house he had made his home for fourteen years continuously, from a date preceding her husband’s…

1Opinion of the Court

Opinion by

Me. Justice Mitchell,

We are obliged to differ with the learned court below not on the principles of law but on their application to the facts of this case.

The codicil in question was not properly executed by a mark, for the conclusive reason that the stroke of testator’s pen was not put there with that intention. The act of 1848 makes all wills valid “ to which the testator hath made his mark or cross .... provided the other requisites under existing laws are complied with.” It is not necessary for us to consider that part of the argument which is founded on the supposed failure of…

2Cases cited2 opinions

  1. Estate of KnoxSupreme Court of Pennsylvania · 1890
  2. Greenough v. GreenoughSupreme Court of Pennsylvania · 1849

3Cited by14 opinions

  1. Sheehan v. KearneyMississippi Supreme Court · 1903
  2. Kimmel's EstateSupreme Court of Pennsylvania · 1924
  3. In Re Estate of DombrowskiCalifornia Supreme Court · 1912
  4. Tomilio v. PiscoSuperior Court of Pennsylvania · 1936
  5. Brennan's EstateSupreme Court of Pennsylvania · 1914

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