Herster v. Herster
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY. No. 159 January Term 1888, Sup. Ct.; court below, No. 92 February Term 1885, C. P. On October 19, 1887, the remittitur in Herster v. Herster, 116 Pa. 612, was filed in the court below, showing the reversal of the judgment with a venire de novo. At the second trial of the cause, on November 21, 1887, the parties and the pleadings remained the same.
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ERROR TO THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY. No. 159 January Term 1888, Sup. Ct.; court below, No. 92 February Term 1885, C. P. On October 19, 1887, the remittitur in Herster v. Herster, 116 Pa. 612, was filed in the court below, showing the reversal of the judgment with a venire de novo. At the second trial of the cause, on November 21, 1887, the parties and the pleadings remained the same. The contestants, to wit, William Henry Herster and Irwin Reich and Eliza Reich, his wife, in right of said Eliza Reich, were the plaintiffs in the issue, and Andrew Jackson Herster, devisee,…
1Opinion of the Court
Opinion,
Mr. Justice Clark :
This issue devisavit vel non was framed in the Court of Common Pleas of Northampton county to test the validity of the last will and testament of Andrew Herster, deceased, and of the several codicils thereto. The will was made and executed June 13, 1874; the first codicil August 29, 1878, and the second May 7,1880. Andrew Herster died May 27,1882, at the age of eighty-four years, possessed of an estate estimated at $200,000, leaving to survive him six children, viz.: Daniel Herster, Jacob Herster, Susan Keiper, Eliza Reich, Andrew J. Herster and William Henry…
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