Fuller's Estate
Supreme Court of Pennsylvania
Appeal, No. 250, Jan. T., 1914, by Harry C. Fuller and Lucy Kate Thorne, formerly Lucy Kate Fuller, from order of O. C. Fayette Co., June T., 1912, No. 98, dismissing petition for a citation, in estate of William C. Fuller, deceased. Appeal from decree of the Register of Wills refusing to compel an administratrix to file an account.
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Appeal, No. 250, Jan. T., 1914, by Harry C. Fuller and Lucy Kate Thorne, formerly Lucy Kate Fuller, from order of O. C. Fayette Co., June T., 1912, No. 98, dismissing petition for a citation, in estate of William C. Fuller, deceased. Appeal from decree of the Register of Wills refusing to compel an administratrix to file an account. Before Work, P. J. It appeared from the record that William C. Fuller died at his home in Perryopolis, Fayette County, Pennsylvania, September 14, 1901, intestate. Letters of administration were granted to his mother, Catherine Fuller, on October 31, 1901. On…
1Opinion of the Court
Per Curiam,
The relation between the mother of the appellants and William C. Fuller was illicit at its commencement, and the presumption is that it so continued: Hunt’s App., 86 Pa. 294; Appeal of Reading Fire Insurance and Trust Company, 113 Pa. 204; Patterson’s Est., 237 Pa. 24. The burden was upon the appellants to show the actual marriage of their mother to the decedent whose estate they are claiming as his heirs. The court below properly found, under all the testimony, that they had failed to prove a marriage, and their appeal must, therefore, be dismissed.
Appeal dismissed at appellants’…
2Cases cited3 opinions
- Hunt's AppealSupreme Court of Pennsylvania · 1878
- Appeal of the Reading Fire Insurance & Trust Co.Supreme Court of Pennsylvania · 1886
- Patterson's EstateSupreme Court of Pennsylvania · 1912
3Cited by12 opinions
- Dinger v. FriedmanSupreme Court of Pennsylvania · 1924
- Zuback v. BakmazSupreme Court of Pennsylvania · 1942
- Mays' EstateSuperior Court of Pennsylvania · 1940
- Fitzpatrick v. MillerSuperior Court of Pennsylvania · 1937
- Kerwin EstateSupreme Court of Pennsylvania · 1952
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