Sauer v. Mollinger
Supreme Court of Pennsylvania
APPEAL BY DEFENDANTS FEOM THE COUET OF COMMON PLEAS NO. 2 OF ALLEGHENY COUNTY. No. 137 October Term 1890, Sup. Ct.; court below, No. 285 January Term 1889, O. P. No. 2, in Equity.
Read the full summary
APPEAL BY DEFENDANTS FEOM THE COUET OF COMMON PLEAS NO. 2 OF ALLEGHENY COUNTY. No. 137 October Term 1890, Sup. Ct.; court below, No. 285 January Term 1889, O. P. No. 2, in Equity. On November 22, 1888, Peter Saner and Margaretha, his wife, in right of said wife, filed a bill in equity against Rev. S. G. Mollinger, August Schneider and Magdalena, his wife, and Catharine Hillenbrandt, in which it was in substance averred: That John Kleinhenz died on April 28, 1888, having first made his last will dated August 22,1882, duly admitted to probate after his death, wherein, after bequeathing to…
1Opinion of the Court
Per Curiam :
The first assignment of error does not conform to the Rules of Court. The second assignment, however, is to the decree of the court, and fully covers the case.
It may be, as was contended by appellant, that when John Kleinhenz directed by his will that his daughter Magdalena should pay the sum of three hundred dollars to his daughter Catharine, he intended that his daughter Margaretha should pay it, and inserted the name of Magdalena by mistake. It would, however, be a heroic mode of construing a will, to strike out the name of one devisee and insert that of another, or to hold…
2Cited by5 opinions
- Estate of NebingerSupreme Court of Pennsylvania · 1898
- Brooklyn Trust Co. v. WarringtonSupreme Court of Pennsylvania · 1923
- Penrose's EstateSupreme Court of Pennsylvania · 1935
- Dixon v. Helena Society of Free Methodist ChurchSupreme Court of Oklahoma · 1917
- In re Estate of MitchellSupreme Court of Pennsylvania · 1897