Appeal of Wineland
Supreme Court of Pennsylvania
EROM THE DECREE OE THE ORPHANS’ COURT OE WESTMORELAND COUNTY. No. 54 October Term 1887, Sup. Ct.; court below, No. 1 November Term 1886, O. C. On April 26, 1880, Benjamin Wineland, of Sewickley township, executed as his last will and testament a certain paper writing, the last two paragraphs of which with the attestation thereof were as follows: My personal property to be sold at my Disease and the Money as much that is needed to be applied to the building of a house for My…
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EROM THE DECREE OE THE ORPHANS’ COURT OE WESTMORELAND COUNTY. No. 54 October Term 1887, Sup. Ct.; court below, No. 1 November Term 1886, O. C. On April 26, 1880, Benjamin Wineland, of Sewickley township, executed as his last will and testament a certain paper writing, the last two paragraphs of which with the attestation thereof were as follows: My personal property to be sold at my Disease and the Money as much that is needed to be applied to the building of a house for My Daughters Fanny & Mary Ann Wineland and Provided no House be built that Money to be divided among all of My Children…
1Opinion of the Court
Opinion,
Mr. Justice Paxson:
The first assignment of error presents the only question we need discuss. Said assignment is as follows: The court erred in affirming the decree of the register, and in overruling and dismissing the first exception filed before the register, upon the appeal from the decree of the register, which said exception is in the words following, to wit: “ The said alleged last will and testament is not signed at the end thereof by the alleged testator, as required by the act of assembly in such case made and provided.”
The statute of 1833 enacts that “Every will shall be in…
2Cases cited1 opinion
- Hays v. HardenSupreme Court of Pennsylvania · 1847
3Cited by17 opinions
- Churchill's EstateSupreme Court of Pennsylvania · 1918
- Seiter's EstateSupreme Court of Pennsylvania · 1919
- Treitinger WillSupreme Court of Pennsylvania · 1970
- Kretz EstateSupreme Court of Pennsylvania · 1963
- Ward v. PutnamCourt of Appeals of Kentucky · 1905
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