Herster v. Herster
Supreme Court of Pennsylvania
No. 107 July Term 1886, Sup. Ct.; court below, No. 92 Ffebruary Term 1885, C. P. In proceedings in the Orphans’ Court of Northampton county relating to tbe probate of tbe alleged will, with tbe codicils thereto, of Andrew Herster, deceased, on January 8, 1885, it was ordered: That an issue be awarded to be tried in due course of law to determine the questions of fact, whether the alleged will of June 13, 1874, and the codicils thereto of August 29, 1878, and of May 7,1880,…
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No. 107 July Term 1886, Sup. Ct.; court below, No. 92 Ffebruary Term 1885, C. P. In proceedings in the Orphans’ Court of Northampton county relating to tbe probate of tbe alleged will, with tbe codicils thereto, of Andrew Herster, deceased, on January 8, 1885, it was ordered: That an issue be awarded to be tried in due course of law to determine the questions of fact, whether the alleged will of June 13, 1874, and the codicils thereto of August 29, 1878, and of May 7,1880, or only the said codicils, or one of them, were made and executed by Andrew Herster by reason of undue influence, fraud…
1Opinion of the Court
Opinion,
Mr. Justice Green :
In this case an issue was granted, to determine a question of undue influence exerted upon the mind of a testator in the execution of a testamentary writing. The issue was granted by the Orphans’ Court, after a full hearing upon the matters of fact alleged against the will, and a contest upon the sufficiency of the facts in evidence to justify the granting of an issue. It must be assumed that in granting the issue the learned court was of opinion that there was evidence enough to carry the case to a jury, and to require a verdict to determine upon the disputed…
2Cited by10 opinions
- Phillips' EstateSupreme Court of Pennsylvania · 1914
- Quein WillSupreme Court of Pennsylvania · 1948
- Kerr v. O'DonovanSupreme Court of Pennsylvania · 1957
- Herster v. HersterSupreme Court of Pennsylvania · 1889
- Goodloe v. GoodloeCourt of Appeals of Texas · 1907
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