Legal Opinion

Updegrove Estate

Pennsylvania Court of Common Pleas, Montgomery County

Decided November 19, 1957No. 56,968Published

1Opinion of the Court

Taxis, P. J.,

Mary S. Updegrove died on February 12, 1955, survived by four children, James, Ell wood, Maude Neiman and Cecelia H. Rhoads, and two grandchildren, David and Evelyn Updegrove, children of a deceased son, Levi. Her estate is composed of approximately $36,000 in real estate and $1,500 in personalty.

On February 14, 1955, a caveat was filed by all the heirs except James. In March 1955, however, the two grandchildren withdrew as caveators and became proponents. The formal caveat filed subsequently alleged as grounds for contest: (1) Lack of testamentary capacity; (2) undue influence;…

2Cases cited6 opinions

  1. Hickman's EstateSupreme Court of Pennsylvania · 1932
  2. Hengen's EstateSupreme Court of Pennsylvania · 1940
  3. Kline's EstateSupreme Court of Pennsylvania · 1936
  4. Peterman WillSupreme Court of Pennsylvania · 1951
  5. Rosato's EstateSupreme Court of Pennsylvania · 1936

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