Legal Opinion

Guarantee Trust & Safe Dep. Co. v. Waller

Supreme Court of Pennsylvania

Decided May 5, 1913No. Appeal, No. 153PublishedCited by 20 opinions

Appeal, No. 153, Jan. T., 1913, by defendant, from judgment of C. P. No. 5, Philadelphia Co., Dec. T., 1910, No. 4719, on verdict for plaintiffs in case, of Guarantee Trust & Safe Deposit Company, Executor of the Estate of William H. H. Waller, deceased; Lucy J. Schellenberger, Kate Waller and Josephine. Grogan v. Charles B. F. Waller. Trial of issue devisavit vel non.

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Appeal, No. 153, Jan. T., 1913, by defendant, from judgment of C. P. No. 5, Philadelphia Co., Dec. T., 1910, No. 4719, on verdict for plaintiffs in case, of Guarantee Trust & Safe Deposit Company, Executor of the Estate of William H. H. Waller, deceased; Lucy J. Schellenberger, Kate Waller and Josephine. Grogan v. Charles B. F. Waller. Trial of issue devisavit vel non. Before Staake, J. The following rulings on evidence appeared from the record: Defendant, the contestant, made an offer of proof by an expert alienist, which, with the objection and ruling thereon, was as follows: “It is offered…

1Opinion of the Court

Opinion by

Mr. Justice Moschzisker,

The Orphans’ Court of Philadelphia County granted an issue to the Common Pleas to determine the validity of the will of William H. H. Waller, deceased. The issue in terms was, “Whether or not the said William H. H. Waller at the time of the execution of the alleged will and testament and the codicils thereto was of sound, disposing mind, memory and understanding”; and the plea was, “At the time of the alleged execution of the said alleged will and codicils......the said William H. H. Waller was not of sound, disposing mind, memory and understanding.”

The…

2Cases cited6 opinions

  1. Thompson v. KynerSupreme Court of Pennsylvania · 1870
  2. Central Guarantee Trust & Safe Deposit Co. v. WhiteSupreme Court of Pennsylvania · 1903
  3. Taylor v. TrichSupreme Court of Pennsylvania · 1895
  4. L. L. Satler Lumber Co. v. ExlerSupreme Court of Pennsylvania · 1913
  5. Buchanan v. PierieSupreme Court of Pennsylvania · 1903

1 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Masciantonio WillSupreme Court of Pennsylvania · 1958
  2. Estate of SextonCalifornia Supreme Court · 1926
  3. Lawrence's EstateSupreme Court of Pennsylvania · 1926
  4. Girsh TrustSupreme Court of Pennsylvania · 1963
  5. Novicki v. O'MaraSupreme Court of Pennsylvania · 1924

15 more not listed; retrieve them via the Exa API.

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