Legal Opinion

Fleming's Estate

Supreme Court of Pennsylvania

Decided October 6, 1919No. Appeal, No. 184PublishedCited by 45 opinions

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.

1Opinion of the Court

Opinion by

Mr. Justice Walling,

This appeal is by a proponent from the decree of the orphans’ court revoking the probate of a will and refusing to grant an issue devisavit vel non. Joseph K Fleming, a resident of Pittsburgh, died June 29, 1909, at the age of sixty-four years, unmarried and without issue. He left an estate of about $200,000 and as his next of kin remote collateral relatives. He had destroyed a will three weeks prior to his death, and, on proof of intestacy, letters of administration were granted upon his estate. In the fall of 1916 there was presented for probate a paper as…

2Cases cited27 opinions

  1. Phillips' EstateSupreme Court of Pennsylvania · 1914
  2. Smith v. Times Publishing Co.Supreme Court of Pennsylvania · 1897
  3. Byers & Davis v. CommonwealthSupreme Court of Pennsylvania · 1862
  4. Van Swartow v. CommonwealthSupreme Court of Pennsylvania · 1854
  5. Wilson v. MitchellSupreme Court of Pennsylvania · 1882

22 more not listed; retrieve them via the Exa API.

3Cited by45 opinions

  1. Robert Golden, Attorney-In-Fact for Leah Golden Donald Earwood, of the Estate of Helen Earwood v. David S. Golden Darlene KoposkoCourt of Appeals for the Third Circuit · 2004
  2. Tetlow's EstateSupreme Court of Pennsylvania · 1921
  3. Lare WillSupreme Court of Pennsylvania · 1944
  4. Aggas v. MunnellSupreme Court of Pennsylvania · 1930
  5. Cross's EstateSupreme Court of Pennsylvania · 1923

40 more not listed; retrieve them via the Exa API.

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