Legal Opinion

Estate of Luce

Superior Court of Pennsylvania

Decided January 18, 1897No. Appeal, No. 164PublishedCited by 6 opinions

Appeal, No. 164, Nov. T., 1896, by-Mary E. Luce, from decree of O. C. Phila. Co., Jan., T., 1895, No. 142, dismissing appeal from the register in the matter of the petition for revocation of letters testamentary. Appeal from register on refusal to revoke letters. Charles E. Luce died intestate. Letters were granted to his brother Francis E. Luce.

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Appeal, No. 164, Nov. T., 1896, by-Mary E. Luce, from decree of O. C. Phila. Co., Jan., T., 1895, No. 142, dismissing appeal from the register in the matter of the petition for revocation of letters testamentary. Appeal from register on refusal to revoke letters. Charles E. Luce died intestate. Letters were granted to his brother Francis E. Luce. Mary E. Luce, the petitioner, applied for revocation of these letters as improvident, and the granting of letters to herself as the widow of decedent. The register refused the petition and the case on appeal to the orphans’ court' was heard before…

1Opinion of the Court

Opinion by

Beaver, J.,

The petitioner, who is the appellant here, is a competent witness: Drinkhouse’s Est., 151 Pa. 294. Was she a credible witness ? If she were and she and the decedent, whose widow she claims to be, were in law capable of making a marriage contract in 1876, she is undoubtedly the widow of Charles E. Luce. She testifies distinctly and circumstantially not only to a contract of marriage but to a marriage ceremony performed by a clergyman in the presence of two witnesses, of which she subsequently received a certificate in due form. This contract, if it were made, and this…

2Cases cited4 opinions

  1. Wm. Drinkhouse's Est.Supreme Court of Pennsylvania · 1892
  2. Estate of SheehanSupreme Court of Pennsylvania · 1891
  3. Kittel's EstateSupreme Court of Pennsylvania · 1893
  4. Strauss's EstateSupreme Court of Pennsylvania · 1895

3Cited by6 opinions

  1. McGrath's EstateSupreme Court of Pennsylvania · 1935
  2. Commonwealth v. HaylowSuperior Court of Pennsylvania · 1901
  3. May's EstateSuperior Court of Pennsylvania · 1902
  4. Estate of HinesSuperior Court of Pennsylvania · 1899
  5. Miller's EstateSupreme Court of Pennsylvania · 1907

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