Megary's Estate
Superior Court of Pennsylvania
Appeal, No. 20, March T., 1904, by Henry L. Hepfer, from decree of O. C. Cumberland Co., admitting to probate nuncupative will of Sarah Megary, deceased. Appeal from register of wills. The facts are stated in the opinion of the Superior Court. Error assigned was the decree of the court.
1Opinion of the Court
Opinion by
Beaver, J.,
In order to the validity of a nuncupative will, as appears by the provisions of the statute of April 8, 1833, P. L. 249, sec. 7, and the decisions of the Supreme Court relating thereto, seven distinct requisites must affirmatively appear and be clearly proved:
1. It must relate to personal property.
2. It must be made during the last sickness of the testator and, as stated in Werkheiser v. Werkheiser, 6 W. & S. 184, and Taylor’s Appeal, 47 Pa. 31, in such extremity thereof as precluded a written will.
3. It must be made “ in the house of (testator’s) habitation or dwelling…
2Cases cited6 opinions
- In re the alleged nuncupative will of YarnallSupreme Court of Pennsylvania · 1833
- Megary's EstateSupreme Court of Pennsylvania · 1903
- Estate of WileySupreme Court of Pennsylvania · 1898
- Rutt's EstateSupreme Court of Pennsylvania · 1901
- Werkheiser v. WerkheiserSupreme Court of Pennsylvania · 1843
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- McClellan's EstateSupreme Court of Pennsylvania · 1936