Mulholland's Estate
Supreme Court of Pennsylvania
Appeal, No. 228, Jan. T., 1906, by Margaret W. DaCosta, from decree of O. C. Phila. Co., Oct. T., 1905, No. 477, refusing an issue devisavit vel non in Estate of Margaret Mulholland, deceased. Appeal from register of wills. From the record it appeared that the register of wills directed a precept for an issue devisavit vel non to the court of common pleas to determine the question of the validity of the will.
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Appeal, No. 228, Jan. T., 1906, by Margaret W. DaCosta, from decree of O. C. Phila. Co., Oct. T., 1905, No. 477, refusing an issue devisavit vel non in Estate of Margaret Mulholland, deceased. Appeal from register of wills. From the record it appeared that the register of wills directed a precept for an issue devisavit vel non to the court of common pleas to determine the question of the validity of the will. On appeal to the orphans’ court evidence was heard and Penrose, J., filed an opinion reversing the order of the register of wills, and directed the latter to admit the will and codicil…
1Opinion of the Court
Opinion by
Mr. Chief Justice Mitchell,
There is no evidence in this case which would justify any court in allowing a jury to set aside this will. The circumstances under which it was drawn are undisputed. A member *67of the bar while on a business visit to the testatrix’s granddaughter was informed that testatrix with whom he was not personally acquainted, desired to see him. He went into the next room and was introduced to testatrix who told him she wanted to make a will. He requested the granddaughter to leave the room, and then testatrix said she had made a will at the instigation of her…
2Cases cited1 opinion
- Hoffman's EstateSupreme Court of Pennsylvania · 1904
3Cited by9 opinions
- Higbee WillSupreme Court of Pennsylvania · 1950
- Ryman's CaseSuperior Court of Pennsylvania · 1939
- In Re Estate of Wah-Kon-Tah-He-Um-PahSupreme Court of Oklahoma · 1924
- Keller v. LawsonSupreme Court of Pennsylvania · 1918
- Morgan's EstateSupreme Court of Pennsylvania · 1908
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