Fellbush v. Fellbush
Supreme Court of Pennsylvania
Appeal, No. 204, Jan. T., 1905, by defendant, from decree of C. P. Luzerne Co., Feb. T., 1904, No. 4, on bill in equity in case of Justus Fellbush v. Frances Fellbush and Frances Fellbush, Guardian ad litem of Lewis Fellbush et al. Bill in equity to cancel a paper, in form a deed, but alleged to be a will. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 204, Jan. T., 1905, by defendant, from decree of C. P. Luzerne Co., Feb. T., 1904, No. 4, on bill in equity in case of Justus Fellbush v. Frances Fellbush and Frances Fellbush, Guardian ad litem of Lewis Fellbush et al. Bill in equity to cancel a paper, in form a deed, but alleged to be a will. The facts are stated in the opinion of the Supreme Court. The case was originally heard before Dunham, P. J., specially presiding, who recommended a decree dismissing the bill. Exceptions to the adjudication were sustained by Lynch, P. J., and a decree of cancellation entered. Error…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
This case presents a somewhat unusual feature in that, in its final determination in the co'urt below, the pleadings and findings by the judge who heard the case in the first instance,were entirely disregarded, and a conclusion was reached, expressed in the final decree, which rests solely upon judicial construction of the written instrument, the subject of the contention. The plaintiff alleged in his bill that a certain instrument by him executed, in form a deed of conveyance, duly acknowledged and recorded, was a will; that he had so understood it when he…
2Cases cited1 opinion
- Turner v. ScottSupreme Court of Pennsylvania · 1867
3Cited by6 opinions
- Wenz's EstateSupreme Court of Pennsylvania · 1942
- Knoll v. HartSupreme Court of Pennsylvania · 1932
- O'Connor's EstateSupreme Court of Pennsylvania · 1922
- Fellbush v. EgenSupreme Court of Pennsylvania · 1908
- Callahan EstatePennsylvania Orphans' Court, Mercer County · 1952
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