Estate of Sharpless
Supreme Court of Pennsylvania
APPEAL BY PHEBE A. SHARPLESS EB.OM THE ORPHANS’ COURT OF CHESTER COUNTY. No. 90 July Term 1889, Sup. Ct.; court below, number and term not given. On September 13, 1888, Phebe A. Sharpless, entered an appeal from the decision of the register of wills admitting to probate a testamentary paper as the will of Ella E. Sharpless, deceased, and on October 29, 1888, presented her petition to the Orphans’ Court praying for an issue devisavit vel non.
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APPEAL BY PHEBE A. SHARPLESS EB.OM THE ORPHANS’ COURT OF CHESTER COUNTY. No. 90 July Term 1889, Sup. Ct.; court below, number and term not given. On September 13, 1888, Phebe A. Sharpless, entered an appeal from the decision of the register of wills admitting to probate a testamentary paper as the will of Ella E. Sharpless, deceased, and on October 29, 1888, presented her petition to the Orphans’ Court praying for an issue devisavit vel non. A citation having been awarded and served, and an answer filed, testimony was heard before the court, Butler, J., who on April 27, 1889, filed the…
1Opinion of the Court
Opinion,
Me. Justice Mitchell:
This case presents but a single point, whether there is sufficient evidence against the proffered will to entitle the contest ant to an issue as to its validity. There is no doubt that an issue is matter of right, under the statute, where there is a sub*260stantial dispute upon a material question of fact, and that the test of substantiality in the dispute is that a verdict could be supported by the trial judge upon a review of all the evidence : De Haven’s App., 75 Pa. 340; Harrison’s App., 100 Pa. 460; Schwilke’s App., 100 Pa. 681; Knauss’s App., 114 Pa. 20.
The…
2Cases cited1 opinion
- De Haven's AppealSupreme Court of Pennsylvania · 1874
3Cited by17 opinions
- Phillips' EstateSupreme Court of Pennsylvania · 1914
- Tetlow's EstateSupreme Court of Pennsylvania · 1921
- Delaurentiis's EstateSupreme Court of Pennsylvania · 1936
- Fleming's EstateSupreme Court of Pennsylvania · 1919
- Rosenthal's EstateSupreme Court of Pennsylvania · 1940
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