Simrell'S Estate
Supreme Court of Pennsylvania
Appeal, No. 94, July T., 1892, by M. B. Simrell, from decree of O. C. Lackawanna Co., admitting to probate a paper writing alleged to be the will of Phoebe Ann Simrell, deceased. Appeal by M. Byron Simrell from probate of will. The writing admitted to probate was as follows: “ The last Will and Testament of Phebe Ann Simrell. “ Whereas, I, being in good health and of sound mind, do declare this to be my last Will and Testament.
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Appeal, No. 94, July T., 1892, by M. B. Simrell, from decree of O. C. Lackawanna Co., admitting to probate a paper writing alleged to be the will of Phoebe Ann Simrell, deceased. Appeal by M. Byron Simrell from probate of will. The writing admitted to probate was as follows: “ The last Will and Testament of Phebe Ann Simrell. “ Whereas, I, being in good health and of sound mind, do declare this to be my last Will and Testament. If my Husband Walter Simrell should survive me, I will wish him to have his living and to be well taken care of by my son Charles W. Simrell, whom I desire to take…
1Opinion of the Court
Opinion by
Mr. Justice Green,
We are of opinion that our decisions in the two cases of Derr v. Greenawalt, 76 Pa. 239, and Charles v. Huber, 78 Pa. 448, control the determination of the present contention. In Derr v. Greenawalt the will was executed by the testator in the presence of the two attesting witnesses, with an unfilled blank left in it for the name of the residuary legatee. One witness testified that the name was afterwards inserted in the presence of the testator, and by his direction. The person who inserted the name testified that he wrote it, but could not recollect whether he did…
2Cases cited2 opinions
- Derr v. GreenawaltSupreme Court of Pennsylvania · 1874
- Charles v. HuberSupreme Court of Pennsylvania · 1875
3Cited by4 opinions
- James' EstateSupreme Court of Pennsylvania · 1938
- Michell v. LowSupreme Court of Pennsylvania · 1906
- Orlady v. OrladySupreme Court of Pennsylvania · 1939
- Swanson EstatePennsylvania Orphans' Court, Elk County · 1950