Saunders v. Samarreg Co.
Supreme Court of Pennsylvania
Appeal, No. 355, Jan. T., 1903, by defendant, from decree of C. P., No. 5, Phila. Co., Dec. T., 1902, No. 701, in case of Albert Saunders v. J. R. T. Samarreg Company. Bill in equity for specific performance and to remove cloud on title. From the record it appeared that the plaintiff had contracted to sell certain real estate in the city of Philadelphia to the defendant. To this real estate plaintiff derived title from Mary W. Grant.
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Appeal, No. 355, Jan. T., 1903, by defendant, from decree of C. P., No. 5, Phila. Co., Dec. T., 1902, No. 701, in case of Albert Saunders v. J. R. T. Samarreg Company. Bill in equity for specific performance and to remove cloud on title. From the record it appeared that the plaintiff had contracted to sell certain real estate in the city of Philadelphia to the defendant. To this real estate plaintiff derived title from Mary W. Grant. Defendant claimed that the title was not marketable, owing to the alleged fact that Mrs. Grant had not signéd her will at the end thereof. The will in question…
1Opinion of the Court
Per Curiam,
The court below found on competent evidence that the words appointing executors were not on the will at the time it was executed by the testatrix, but were added at a later date. Disregarding these words therefore we have a will in due form *634signed by the testatrix at the end thereof as required by the act of 1888. Such a will can be revoked, under the express words of the statute, only by “ some other will or codicil in writing, or other writing declaring the same, executed and proved in the same manner .... or by burning, cancelling,” etc. The object of the statute was to secure…
2Cases cited1 opinion
- Heise v. HeiseSupreme Court of Pennsylvania · 1858
3Cited by5 opinions
- White's EstateSupreme Court of Pennsylvania · 1918
- Williams' EstateSupreme Court of Pennsylvania · 1939
- Hildebrand WillSupreme Court of Pennsylvania · 1950
- Taylor's EstateSupreme Court of Pennsylvania · 1911
- McCaffrey Estate, Pennsylvania Court of Common Pleas, Philadelphia County1972