Wharton's Estate
Supreme Court of Pennsylvania
Appeal, No. 113, Jan. T., 1907, by Edward Wharton, Jr., from decree of O. C. Phila. Co., Jan. T., 1906, No. 659, dismissing exceptions to adjudication in Estate of Francis R. Wharton, deceased. Exceptions to adjudication.
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Appeal, No. 113, Jan. T., 1907, by Edward Wharton, Jr., from decree of O. C. Phila. Co., Jan. T., 1906, No. 659, dismissing exceptions to adjudication in Estate of Francis R. Wharton, deceased. Exceptions to adjudication. From the record it appeared that the decedent died on February 11, 1905, leaving a will whereby he gave his entire estate in equal shares to his sister, Alida Gouverneur Montgome^q and his brother, Alfred Wharton, Jr. The sister died on October 9, 1903, a widow without issue. The deceased left to survive him his brother, Alfred Wharton, and also a nephew, Edward Wharton,…
1Opinion of the Court
Per Curiam,
The auditing judge below found, inter alia, that “itnot only does not appear that the claimant’s mother and Edward Wharton were ever actually married, but it does not appear *298that they ever lived together as man and wife or were recognized as or held themselves out to be man and wife.
“ And being of the opinion that legitimacy is based upon marriage — that it is only upon the presumption of marriage that legitimacy may be found — and that the facts upon which to base a doubt which appearing must and would be construed in favor of claimant are not present in this case — the auditing…
2Cited by7 opinions
- FRAZIER v. Oil Chemical Co.Supreme Court of Pennsylvania · 1962
- Mays' EstateSuperior Court of Pennsylvania · 1940
- McAnany's EstateSuperior Court of Pennsylvania · 1927
- Kerwin EstateSupreme Court of Pennsylvania · 1952
- Sinclair v. Sinclair, Pennsylvania Court of Common Pleas, Alleghany County1961
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