Legal Opinion

In re Estate of Yorke

Supreme Court of Pennsylvania

Decided March 21, 1898No. Appeal, No. 195PublishedCited by 15 opinions

Appeal, No. 195, Jan. T., 1897, by Mary Kingsley, from decree of O. C. Phila. Co., July T., 1895, No. 205, refusing to award an issue devisavit vel non. Application for an issue devisavit vel non.

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Appeal, No. 195, Jan. T., 1897, by Mary Kingsley, from decree of O. C. Phila. Co., July T., 1895, No. 205, refusing to award an issue devisavit vel non. Application for an issue devisavit vel non. Tbe opinion of the court by Hanna, P. J., was as follows : The rule by which the courts' are to be guided in determining whether an issue shall he granted to test the validity of a last will and testament upon either the alleged absence of testamentary capacity or fraud or other undue influence exerted upon a mind of a testator is now settled by a long line of decisions by the Supreme Court, and…

1Opinion of the Court

Per Curiam,

A careful consideration of the voluminous record in this case *75has led us all to the conclusion that the orphans’ court in banc was clearly right in sustaining the exception to the order awarding an issue deyisavit vel non, etc., and refusing to grant said issue. It is not our purpose to fortify this conclusion by referring to the testimony or stating the reasons which have satisfied us that neither of the specifications of error should be sustained. To do so, would consume much time to no good purpose.

Decree affirmed and appeal dismissed at appellants’ costs.

2Cited by15 opinions

  1. Pusey's EstateSupreme Court of Pennsylvania · 1935
  2. Phillips' EstateSupreme Court of Pennsylvania · 1914
  3. In Re Estate of ClarkSupreme Court of Pennsylvania · 1975
  4. Llewellyn's EstateSupreme Court of Pennsylvania · 1929
  5. Patterson v. LambCourt of Appeals of Texas · 1899

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