Legal Opinion

Carlin's Estate

Pennsylvania Orphans' Court, Philadelphia County

Decided December 22, 1939Published

1Opinion of the Court

Klein, J.,

The will before us for study is one of those home-made, holographic masterpieces, which always present difficult problems of construction. Learned counsel for exceptants, decedent’s next of kin, strongly urge that the will is meaningless and a nullity. In support of this contention they rely upon Kelley v. Kelley, 25 Pa. 460 (1854), which, they maintain, controls the present case. We cannot, however, agree with their conclusions.

The old adage that no will has a brother still holds true. Every will is in a sense unique, and for this reason precedents are of little value. The…

2Cases cited3 opinions

  1. Brennan's EstateSupreme Court of Pennsylvania · 1936
  2. Jordan's EstateSupreme Court of Pennsylvania · 1938
  3. Kelley v. KelleySupreme Court of Pennsylvania · 1855

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