Legal Opinion

Cummins's Estate

Superior Court of Pennsylvania

Decided December 7, 1908No. Appeal, No. 177PublishedCited by 3 opinions

Appeal, No. 177, Oct. T., 1908, by S. Mason McCollin, M. D., from decree of O. C. Delaware Co., dismissing appeal from register of wills in Estate of Almena Cummins, deceased. Appeal from register of wills. In addition to the facts stated in the opinion of the Superior Court it appears that the two clauses of the will of the testatrix showing the cancellations were as follows: The court dismissed the appeal. Error assigned was decree dismissing the appeal.

1Opinion of the Court

Opinion by

Henderson, J.,

If it were made clearly to appear that the legacy to Dr. McCollin was cancelled by the testator under the impression that the legatee was dead, the doctrine of Campbell v. French, 3 Vesey, Jr., 321; Mendinhall’s Appeal, 124 Pa. 387; and kindred cases, would save the bequest because it was revoked under a mistaken apprehension, but we agree with the conclusion of the court below that it not only does not appear that the cancellation of the legacy was made under such misapprehension but that the evidence shows that it was made for a different reason. The legacy was…

2Cases cited1 opinion

  1. Appeal of MendinhallSupreme Court of Pennsylvania · 1889

3Cited by3 opinions

  1. Heller EstateSuperior Court of Pennsylvania · 1945
  2. Lindeman's EstateSuperior Court of Pennsylvania · 1940
  3. Hildebrand WillSupreme Court of Pennsylvania · 1950

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