Legal Opinion

Fuller's Estate

Supreme Court of Pennsylvania

Decided June 23, 1908No. Appeal, No. 105PublishedCited by 9 opinions

Appeal, No. 105, Jan. T., 1908, by Harriet R. Anderson, from decree of O. C. Fayette Co., Dec. Term, 1906, No. 130, dismissing petition for issue devisavit vel non in Estate of William B. Fuller, deceased. Petition for issue devisavit vel non. The opinion of the Supreme Court states the case. Error assigned was the decree refusing the issue.

1Opinion of the Court

Opinion by

Mr. Justice Brown,

It is hardly conceivable that, on the testimony offered by the appellant in support of her application for an issue devisavit vel non, any jury would return a verdict against the will, and it is certain that such a finding would be promptly set aside by a trial judge. We have repeatedly said' that, in every such case, the issue should be refused,, and while we have usually said so in connection with an application for an issue on the ground of lack of testamentary capacity or undue influence, there is no reason why the rule should not apply when the testimony of…

2Cited by9 opinions

  1. Fleming's EstateSupreme Court of Pennsylvania · 1919
  2. Henry's EstateSupreme Court of Pennsylvania · 1923
  3. Commonwealth v. ViscoskySuperior Court of Pennsylvania · 1924
  4. Kane's EstateSupreme Court of Pennsylvania · 1933
  5. Lowe's EstateSupreme Court of Pennsylvania · 1935

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