Legal Opinion

Estate of Lillibridge

Pennsylvania Orphans' Court, Lackawanna County

Decided March 10, 1890No. 255PublishedCited by 4 opinions

No. 255 January Term 1890, Sup. Ct.; court below, number and term not given. On July 9, 1887, Mary L. Hull and Phoebe A. VanCleef presented their petition showing that they were daughters and heirs at law of Levi Lillibridge, deceased, who died on June 6, 1809, leaving to survive him a widow and four children; that an alleged last will and testament of said deceased had been admitted to probate by the register of wills on August 23, 1882, and letters testamentary issued…

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No. 255 January Term 1890, Sup. Ct.; court below, number and term not given. On July 9, 1887, Mary L. Hull and Phoebe A. VanCleef presented their petition showing that they were daughters and heirs at law of Levi Lillibridge, deceased, who died on June 6, 1809, leaving to survive him a widow and four children; that an alleged last will and testament of said deceased had been admitted to probate by the register of wills on August 23, 1882, and letters testamentary issued thereon to G. J. and Jolm N. Lillibridge; that the decree of the register admitting said will to probate was erroneous, for…

1Per curiam

Tlie evidence ought to he very strong, upon the trial of an issue devbavit vel non,—much stronger than it is in this case, •—to permit the will of a testator to be overthrown twenty years after his death. It is difficult to measure the amount of testimony that may he lost by death during such a period; it is almost equally difficult to ascertain how much, and to what extent, the testimony of well-meaning surviving witnesses may he affected by loss of memory. It may not be impossible to test a testator’s testamentary capacity by wbat witnesses remember about him twenty years ago, but sucb a…

2Cited by4 opinions

  1. Eagle Rock Corp. v. Idamont Hotel Co.Idaho Supreme Court · 1938
  2. Markley v. ChristenCourt of Appeals of Texas · 1920
  3. City of San Antonio v. RubleTexas Supreme Court · 1970
  4. City of San Antonio v. RubleTexas Supreme Court · 1970

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