Mellor v. Smyth
Supreme Court of Pennsylvania
Appeal, No. 167, Jan. T., 1907, by Letitia B. Mellor, sole beneficiary and executrix named in the will of Margaret, known as Mary Margaret Bippus, deceased, from judgment of C. P. No. 4, Phila. Co., June T., 1906, No. 2,317, on verdict for defendant in suit of Letitia B. Mellor v. David J. Smyth, deputy escheator and administrator of Mary Margaret Bippus. Issue to determine the validity of a nuncupative will.
Read the full summary
Appeal, No. 167, Jan. T., 1907, by Letitia B. Mellor, sole beneficiary and executrix named in the will of Margaret, known as Mary Margaret Bippus, deceased, from judgment of C. P. No. 4, Phila. Co., June T., 1906, No. 2,317, on verdict for defendant in suit of Letitia B. Mellor v. David J. Smyth, deputy escheator and administrator of Mary Margaret Bippus. Issue to determine the validity of a nuncupative will. At the trial when Dr. George E. Levis was on the stand the court under objection and exception permitted the witness to testify as to the condition of Mrs. Bippus, the testatrix, on…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
In this state, every will is required by statute to be in 'writing, and unless the person making it shall be prevented by the extremity of his last sickness, must be signed by him at the end thereof or by some person in his presence and by his express direction. It is provided, however, that personal estate may be bequeathed by a nuncupative will under certain restrictions, one of which is that it be made during the last sick*174ness of the testator. Under these statutory requirements, therefore, a nuncupative will is permissible only when it is made when the…
2Cases cited4 opinions
- In re the alleged nuncupative will of YarnallSupreme Court of Pennsylvania · 1833
- Prince v. HazletonCourt for the Trial of Impeachments and Correction of Errors · 1822
- Boyer v. FrickSupreme Court of Pennsylvania · 1842
- Werkheiser v. WerkheiserSupreme Court of Pennsylvania · 1843