Legal Opinion

Robb's Appeal

Supreme Court of Pennsylvania

Decided October 31, 1881PublishedCited by 12 opinions

October 7th 1881. Before Sharswood, C. J., Merour, Paxson, Tbunkey, Sterrett and Green, JJ. Gordon, J., absent. Appeal from the Orphans’ Court of Allegheny cownty: Of October and November Term 1881, No. 121. Appeal of John Robb and others, brothers and distributees under the intestate law, of David Robb, deceased, from the decree of the said court dismissing their exceptions to the adjudication in the matter of the distribution of the balance appearing on the account of Jane…

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October 7th 1881. Before Sharswood, C. J., Merour, Paxson, Tbunkey, Sterrett and Green, JJ. Gordon, J., absent. Appeal from the Orphans’ Court of Allegheny cownty: Of October and November Term 1881, No. 121. Appeal of John Robb and others, brothers and distributees under the intestate law, of David Robb, deceased, from the decree of the said court dismissing their exceptions to the adjudication in the matter of the distribution of the balance appearing on the account of Jane Robb, widow and administratrix of the said decedent. Before the auditor, Mary Steen, a sister of the accountant,…

1Opinion of the CourtJustice Sterrett

It is contended that, on grounds of public policy, the widow of the decedent was incompetent to testify to the contract on which appellee’s claim for wages is based; that the disqualifica*503tion incident to coverture continued after the death of her husband, and is not limited to what occurred in their confidential intercourse, but extends to all facts and transactions which came to her knowledge during their marital relations. While the. principle, thus broadly stated, has sometimes been recognized, the better and more generally received opinion is that the disqualification is restricted to…

2Cited by12 opinions

  1. Phillips' EstateSupreme Court of Pennsylvania · 1914
  2. Commonwealth v. ChiappiniSupreme Court of Pennsylvania · 2001
  3. Huffman v. SimmonsSuperior Court of Pennsylvania · 1938
  4. Stewart v. F. A. North Co.Superior Court of Pennsylvania · 1916
  5. Dumbach v. BishopSupreme Court of Pennsylvania · 1898

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