Legal Opinion

Kessler's Estate

Supreme Court of Pennsylvania

Decided May 11, 1908No. Appeal, No. 100PublishedCited by 37 opinions

Appeal, No. 100, Jan. T., 1908, by Henry K. Stewart et al., from decree of O. O. Phila. Co., April T., 1907, No. 397, dismissing exceptions to adjudication in Estate of George Kessler, deceased.

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Appeal, No. 100, Jan. T., 1908, by Henry K. Stewart et al., from decree of O. O. Phila. Co., April T., 1907, No. 397, dismissing exceptions to adjudication in Estate of George Kessler, deceased. Exceptions to adjudication of Anderson, J. The portion of the adjudication relating to the subscribing witnesses and the validity of the charitable gifts was as follows : Objection was made at the audit that while the will had subscribing witnesses and was executed more than thirty days before the death of the testator, it was void, as it was not attested by two credible, disinterested witnesses. It…

1Opinion of the Court

Opinion by

Mr: Justice Elkin,

The question to be determined on this appeal is whether certain bequests to charitable and religious uses contained in the last will and testament of the decedent are valid under section 11 of the Act of April 26, 1855, P. L. 328. The will was prepared and executed more than one calendar month before the decease of the testator, and the only point pressed in the court below and raised here is that it was not attested by two credible, and at the time, disinterested witnesses as required by the act. There are two subscribing witnesses to the will, and if they are…

2Cases cited5 opinions

  1. Combs' & Hankinson's AppealSupreme Court of Pennsylvania · 1884
  2. Morgan's EstateSupreme Court of Pennsylvania · 1908
  3. Irvine's EstateSupreme Court of Pennsylvania · 1903
  4. Jordan's EstateSupreme Court of Pennsylvania · 1894
  5. Price v. LewisSupreme Court of Pennsylvania · 1851

3Cited by37 opinions

  1. Baughman's EstateSupreme Court of Pennsylvania · 1924
  2. Arnold's EstateSupreme Court of Pennsylvania · 1915
  3. Hartman's Estate (No. 1)Supreme Court of Pennsylvania · 1935
  4. Stinson's EstateSupreme Court of Pennsylvania · 1911
  5. Palethorp's EstateSupreme Court of Pennsylvania · 1915

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