Legal Opinion

Caldwell v. Anderson

Supreme Court of Pennsylvania

Decided October 5, 1883PublishedCited by 8 opinions

Error to the Court of Common Pleas of Westmoreland county': Of October and November Term 1883, No. 31. Feigned issue, devisavit vel non, directed by the Orphans’ Court, to determine the validity of a writing purporting to be the last will and testament of Ilettie Furry, deceased, wherein William Anderson and William Nichols, executors under said will, were plaintiffs, and Martha Caldwell, Mary Anderson, Amanda Anderson, Nancy Anderson, John B. Johnston and Martha, his wife,…

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Error to the Court of Common Pleas of Westmoreland county': Of October and November Term 1883, No. 31. Feigned issue, devisavit vel non, directed by the Orphans’ Court, to determine the validity of a writing purporting to be the last will and testament of Ilettie Furry, deceased, wherein William Anderson and William Nichols, executors under said will, were plaintiffs, and Martha Caldwell, Mary Anderson, Amanda Anderson, Nancy Anderson, John B. Johnston and Martha, his wife, in her right, Harry E. Anderson, Maggie Anderson and John Beatty, contestants, were defendants. The said issue was…

1Opinion of the CourtJustice Gordon

The counsel for the plaintiffs in error make a mistake when they attempt to adapt the facts of the case in hand to the legal principles announced in Boyd v. Boyd, 16 P. F. S. 283, and Cuthbertson’s Appeal, 1 Out. 163. The first, second, third and fourth points of the-contestants, are little more than a re-statement of the doctrine of these cases, and counsel thinking .they have presented a similar array of facts find fault with the court below for not affirming distinctly and without qualification those points.

The law as contained in those cases may be summarized as follows : Where the…

2Cited by8 opinions

  1. Phillips' EstateSupreme Court of Pennsylvania · 1914
  2. Llewellyn's EstateSupreme Court of Pennsylvania · 1929
  3. Aggas v. MunnellSupreme Court of Pennsylvania · 1930
  4. Hook's EstateSupreme Court of Pennsylvania · 1903
  5. Koons's EstateSupreme Court of Pennsylvania · 1928

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