Legal Opinion

Manning's Estate

Superior Court of Pennsylvania

Decided April 22, 1911No. Appeal, No. 29PublishedCited by 5 opinions

Appeal, No. 29, March T., 1911, by Richard K. Manning, from decree of O. C. Luzerne Co., No. 572 of 1909, sustaining appeal from Register of Wills in Estate of Annie E. Manning, deceased. Appeal from register of wills. Freas, P. J., stated the facts to be as follows: The testatrix died Friday night, at 10 o’clock, October 15, 1909, leaving to survive her a husband, Richard K. Manning, and a daughter by a former husband, Mrs. Blanche Randall, the appellant.

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Appeal, No. 29, March T., 1911, by Richard K. Manning, from decree of O. C. Luzerne Co., No. 572 of 1909, sustaining appeal from Register of Wills in Estate of Annie E. Manning, deceased. Appeal from register of wills. Freas, P. J., stated the facts to be as follows: The testatrix died Friday night, at 10 o’clock, October 15, 1909, leaving to survive her a husband, Richard K. Manning, and a daughter by a former husband, Mrs. Blanche Randall, the appellant. The testatrix executed two wills, the first dated November 25, 1905, which is the probated will, and the second in March, 1909. The day…

1Opinion of the Court

Opinion by

Henderson, J.,

The appellant contends that the effect of the destruction by burning of the will of Mrs. Manning executed in March, 1909, was ipso facto a restoration of the will made by her in November, 1905. This is a different position apparently from that taken in the court below as indicated by the evidence introduced and the questions discussed by the learned judge of the orphans’ court. Importance was there attached to the fact alleged that the testator had republished the will of 1905 by delivering it to her husband and declaring that it was her will and that she wished him to…

2Cases cited1 opinion

  1. Kerchner's EstateSuperior Court of Pennsylvania · 1909

3Cited by5 opinions

  1. Burtt WillSupreme Court of Pennsylvania · 1944
  2. Burtt WillSupreme Court of Pennsylvania · 1944
  3. Burtt's EstatePennsylvania Orphans' Court, Philadelphia County · 1943
  4. Ford's EstatePennsylvania Orphans' Court, Philadelphia County · 1930
  5. Ford's EstatePennsylvania Orphans' Court, Philadelphia County · 1930

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