Foster's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Orphans’ Court of Wayne county: Of January Term 1878, No. 78. The facts were as follows: Isaac P. Foster died on November 18th 1876. On December 7th 1876, the two sons of decedent, William II. and Isaac N. Foster, and his attorney, Charles S. Minor, appeared before the register of wills of Wayne county, and alleging that the will of said decedent had been lost, exhibited a paper which had been reproduced from notes of instruction given to said…
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Appeal from the decree of the Orphans’ Court of Wayne county: Of January Term 1878, No. 78. The facts were as follows: Isaac P. Foster died on November 18th 1876. On December 7th 1876, the two sons of decedent, William II. and Isaac N. Foster, and his attorney, Charles S. Minor, appeared before the register of wills of Wayne county, and alleging that the will of said decedent had been lost, exhibited a paper which had been reproduced from notes of instruction given to said Minor by decedent, from which said lost will had been drawn, and asked that said paper as thus reproduced should be…
1Opinion of the CourtChief Justice Agnew
*75That Isaac P. Foster made and executed in due form of law a will in writing, on or about the 5th of June 1875, is an indisputable fact. That the contents of this will are clearly and fully proved, both by testimony and by written memoranda in the testator’s own handwriting, is equally plain, and no question arises as to the number of witnesses, the contents being proved by two, as well as by the memoranda furnished by the testator himself. The will not being found after the testator’s death and diligent search, two material questions arise upon the assignment of errors:
1. Whether the…
2Cases cited2 opinions
- Havard v. DavisSupreme Court of Pennsylvania · 1810
- Jones v. HartleySupreme Court of Pennsylvania · 1837
3Cited by14 opinions
- Dalbey's EstateSupreme Court of Pennsylvania · 1937
- Harrison's EstateSupreme Court of Pennsylvania · 1934
- Hodgson's EstateSupreme Court of Pennsylvania · 1921
- Michell v. LowSupreme Court of Pennsylvania · 1906
- Estate of DeavesSupreme Court of Pennsylvania · 1891
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