Phillips's Estate
Supreme Court of Pennsylvania
Appeal, No. 1, Jan. T., 1921, by Geraldine Phillips, from decree of O. C. Lackawanna Go., No. 1014, year 1919, awarding inquest in partition, in estate of Esther Phillips, deceased. Petition for inquest in partition. The opinion of the Supreme Court states the facts. The court awarded the inquest. Geraldine Phillips, a devisee, appealed.
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Appeal, No. 1, Jan. T., 1921, by Geraldine Phillips, from decree of O. C. Lackawanna Go., No. 1014, year 1919, awarding inquest in partition, in estate of Esther Phillips, deceased. Petition for inquest in partition. The opinion of the Supreme Court states the facts. The court awarded the inquest. Geraldine Phillips, a devisee, appealed. Errors assigned were (1) admission of testimony of Joseph P. Phillips, discussed in the opinion of the Supreme Court, quoting the bill of exceptions and evidence, and (2) decree, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
Esther Phillips died July 13, 1919, leaving a will in which she devised the bulk of her property to her daughter Geraldine, the appellant. Joseph P. Phillips, surviving husband of deceased, elected to take against her will and asked for a partition of the realty, to which appellant answered denying his right to a division of the property and alleging he had forfeited all interest in his wife’s estate by reason of having deserted her for a period of more than one year previous to her death. The court below held the evidence insufficient to establish desertion and…
2Cases cited7 opinions
- Middleton v. MiddletonSupreme Court of Pennsylvania · 1898
- Kauss v. RohnerSupreme Court of Pennsylvania · 1896
- Hahn v. BealorSupreme Court of Pennsylvania · 1890
- Cooke v. DoronSupreme Court of Pennsylvania · 1906
- Munson v. CrookstonSupreme Court of Pennsylvania · 1908
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3Cited by17 opinions
- Commonwealth Trust Co. v. SzaboSupreme Court of Pennsylvania · 1957
- Ray's EstateSupreme Court of Pennsylvania · 1931
- Bowman's EstateSupreme Court of Pennsylvania · 1930
- Jac EstateSupreme Court of Pennsylvania · 1946
- Swieczkowski v. Sypniewski, Exr.Supreme Court of Pennsylvania · 1928
12 more not listed; retrieve them via the Exa API.