Fleming's Estate
Supreme Court of Pennsylvania
Appeal, No. 184, Oct. T., 1918, by Clara Belle Fleming, from decree of O. C. Allegheny Co., March T., 1917, No. 338, setting aside will and refusing an issue devisavit vel non in Estate of Joseph K. Fleming, deceased. Appeal from register of wills. Before Trimble, J. The court entered a decree setting aside the will and refusing an issue. Clara Belle Fleming appealed. Error assigned was the decree of the court.
1Dissent
Dissenting Opinion by
Mr. Justice Simpson :
The register of wills of Allegheny County admitted to probate an alleged will of Joseph N. Fleming disposing of both real and personal property; his heirs and next of kin appealed to the orphans’ court, alleging the signature was a forgery, and praying the admission to probate should be reversed; proponents’ answer denied the alie*410gation of forgery, and prayed the decision of the register be affirmed, or an issue be sent to the court of common pleas for a trial by jury; the court below revoked the decree of probate, refused an issue, and struck the…
2Cases cited41 opinions
- Phillips' EstateSupreme Court of Pennsylvania · 1914
- Smith v. Times Publishing Co.Supreme Court of Pennsylvania · 1897
- Cutler's EstateSupreme Court of Pennsylvania · 1909
- Byers & Davis v. CommonwealthSupreme Court of Pennsylvania · 1862
- Schmidt v. SchmidtSupreme Court of Minnesota · 1891
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