Marshall v. Marshall
Supreme Court of Pennsylvania
Error to the District Court of Allegheny. Sept. 10. This was an action of ejectment by Alexander Marshall against William and Andrew Marshall, for the undivided eighth part of a tract of land. The father of the parties, John Marshall, died seised of it, leaving eight children. The defendants claimed under the will of their father, which the plaintiff alleged had been revoked, by dispositions made of other property devised subsequent to the making of the will.
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Error to the District Court of Allegheny. Sept. 10. This was an action of ejectment by Alexander Marshall against William and Andrew Marshall, for the undivided eighth part of a tract of land. The father of the parties, John Marshall, died seised of it, leaving eight children. The defendants claimed under the will of their father, which the plaintiff alleged had been revoked, by dispositions made of other property devised subsequent to the making of the will. The testator devised to his son Archibald a tract of ninety-eight acres, directing that certain legacies were to be paid by Archibald…
1Opinion of the Court
The opinion of this court was delivered by
Coulter, J.
It has been fully established, that an alteration of circumstances may amount to a revocation of a will of land; that such revocations flow from a presumption of law that the testator had changed his intention; and further, that such implied revocations are not Avithin the statute of frauds. And although it was-said in Brady v. Cabot, Douglass, 31, that an implied revocation may be rebutted by parol evidence, yet that has been repeatedly overruled. In Goodtitle v. Otway, H. Blackstone, 522, Lord Chief Justice Eyre observes, that in…
2Cited by4 opinions
- Jones's EstateSupreme Court of Pennsylvania · 1905
- Gensimore's EstateSupreme Court of Pennsylvania · 1914
- Golze's EstatePennsylvania Orphans' Court, Montgomery County · 1929
- Schneck EstatePennsylvania Orphans' Court, Lehigh County · 1962