Miller v. Henderson
Supreme Court of Pennsylvania
Appeal, No. 41, Oct. T., 1905, by Martha A. Shirley, from order of C. P. Armstrong Co., Dec. T., 1904, No. 169, directing issue of peremptory mandamus in case of John W. Miller v. Harry B. Henderson, register of wills. Petition for mandamus. Before Patton, P. J. Tlie facts are stated in the opinion of the Supreme Court. Error assigned was order awarding mandamus.
1Opinion of the Court
Opinion by
Mb. Justice Bbown,
Robert Miller died July 7, 1904. His will, executed September 21, 1894, was admitted to probate by the register of wills of Armstrong county, July 28,1904. The testator named a nephew, John W. Miller, the appellee, as executor, but at the time of the probate of the will he was in confinement in the hospital for the insane at Dixmont, having been committed to that institution by the court of quarter sessions of Armstrong county on April 15, 1904, under the provisions of the Act of assembly of April 20, 1869, 'P. L. 78. He had not been adjudged a lunatic, but, on the…
2Cases cited2 opinions
- Mathews v. BiddellSuperior Court of Pennsylvania · 1898
- Hunter v. VoigtSuperior Court of Pennsylvania · 1898