Patton's Appeal
Supreme Court of Pennsylvania
Appeal from the Register’s Court of Crawford county. This was an appeal by Joseph Patton from the decree of the Register’s Court, refusing to vacate letters of administration granted to Martha Blair, on the estate of Robert Blair, deceased. On the 8th March 1854, the will of Robert Blair was duly proved, and letters testamentary issued to Joseph Patton and Hugh McMasters, the executors.
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Appeal from the Register’s Court of Crawford county. This was an appeal by Joseph Patton from the decree of the Register’s Court, refusing to vacate letters of administration granted to Martha Blair, on the estate of Robert Blair, deceased. On the 8th March 1854, the will of Robert Blair was duly proved, and letters testamentary issued to Joseph Patton and Hugh McMasters, the executors. Martha Blair, the widow, appealed to the Register’s Court; and an issue devisavit vel non was sent to the Common Pleas. The verdict of the jury was against the will; and upon this being certified to the…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, C. J.
This ease does not require much discussion, for it can be made plain in a very few words. Robert Blair’s will was duly proved, and letters testamentary were issued upon it. To this an appeal to the Register’s Court was taken; a feigned issue was ordered and tried in the Common Pleas, and found against the will and certified hack to the Register’s Court; and thereupon the letters testamentary were vacated and letters of administration granted. But the decision of the feigned issue, and of course all that depended on it, was subject to a…
2Cited by5 opinions
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