Kerr's Estate
Supreme Court of Pennsylvania
Appeal, No. 51, Oct. T., 1916, by Clifford S. Marshall, Abbie Cole Logan Dippold, Margaret Kerr Cochran, Archibald H. Kerr, H. O. Shanks, John I. Shanks, Elizabeth K. McCombs, Wm.
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Appeal, No. 51, Oct. T., 1916, by Clifford S. Marshall, Abbie Cole Logan Dippold, Margaret Kerr Cochran, Archibald H. Kerr, H. O. Shanks, John I. Shanks, Elizabeth K. McCombs, Wm. C. Shanks, H. H. Shanks, Edna S. Haddock, Chester O. Marshall, Sarah C. Wilson, F. D. Camming, Mary Marshall, Harry Shroder, Ida Hesseltine, Sarah L. Raw-house, Sarah B. Behem, Emma S. Bennett, and Cynthia J. Harrison, from decree oí O. C. Allegheny Co., March T., 1915, No. 262, refusing an issue devisavit vel non, in Estate of Barbara Kerr, deceased. Petition for issue devisavit vel non. The opinion of the Supreme…
1Opinion of the Court
Per Curiam,
An issue devisavit vel non was asked for by the appellants on two grounds: (1) Lack of testamentary capacity, by the testatrix at the time the will was executed; (2) the procurement of the execution of it by fraud and undue influence on the part of George A. Lashell, while acting as confidential agent of the testatrix. The will was executed April 11, 1901, and Lashell was named as her executor. Its execution was witnessed by two members of the Allegheny County bar. Lashell died September 5,1907. On November 9,1910, more than three years *401thereafter, the testatrix added, in her own…
2Cases cited2 opinions
- Neff's AppealSupreme Court of Pennsylvania · 1865
- DeHaven's EstateSupreme Court of Pennsylvania · 1903
3Cited by4 opinions
- Hickman's EstateSupreme Court of Pennsylvania · 1932
- Adams Estate, Pennsylvania Court of Common Pleas, Montgomery County1971
- In Re: Estate of: Reed, G.M. Appeal of: Reed, J.Superior Court of Pennsylvania · 2017
- Schlotzhauer's EstatePennsylvania Orphans' Court, Lancaster County · 1929