Emernecker's Estate
Supreme Court of Pennsylvania
Appeal, No. 104, Jan. T., 1907, by Ella Aaron, from decree of O. C. Phila. Co., Oct. T., 1905, No. 495, dismissing appeal from register of wills in Estate of Catherine Emernecker, deceased. Appeal from register of wills.
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Appeal, No. 104, Jan. T., 1907, by Ella Aaron, from decree of O. C. Phila. Co., Oct. T., 1905, No. 495, dismissing appeal from register of wills in Estate of Catherine Emernecker, deceased. Appeal from register of wills. Penrose, J., filed an opinion in part as follows: The petition for appeal avers that the decedent died May 13, 1905 ; that on July 16, 1903, she executed a will giving .all her estate, real and personal, to her granddaughter, the petitioner, who, from the time she was thirteen years old, had lived with and given to her her wages and had aided in supporting her; that the…
1Opinion of the Court
Per Curiam,
This case affords an illustration that may almost be called pathetic, of the persistency of popular error. The notion that to disinherit the heir he must be “ cut off with a shilling ” (for the probable origin of which see Newlin’s Estate, 209 Pa. 456), started more than 300 years ago, never was the law either in England or Pennsylvania, and yet survives with such potency as to lead to results apparently as unjust as they were unintended.
The undisputed facts of this case do not admit of any question as to the legal result, however much we may be impressed that the testatrix’s act…
2Cases cited1 opinion
- Newlin's EstateSupreme Court of Pennsylvania · 1904
3Cited by9 opinions
- Holt EstateSupreme Court of Pennsylvania · 1961
- In re the Estate of McCaffreyNew York Surrogate's Court · 1940
- In Re Bonkowski's EstateMichigan Supreme Court · 1934
- Matter of Estate of AusleySupreme Court of Oklahoma · 1991
- Kroll v. NehmerCourt of Appeals of Maryland · 1998
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