Francis v. Francis
Supreme Court of Pennsylvania
Appeal, No. 576, Jan. T., 1896, by plaintiff, from judgment of C. P. Lackawanna Co., March T., 1896, No. 300, on verdict for defendants. Issue devisavit vel non. Rachel Francis died in April, 1895, leaving an alleged will which was probated by the register of Lackawanna county and letters testamentary granted.
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Appeal, No. 576, Jan. T., 1896, by plaintiff, from judgment of C. P. Lackawanna Co., March T., 1896, No. 300, on verdict for defendants. Issue devisavit vel non. Rachel Francis died in April, 1895, leaving an alleged will which was probated by the register of Lackawanna county and letters testamentary granted. Then the petition of Evan M. Francis was presented to the register, and a citation was issued to the parties interested to show cause why the probate should not be stricken off and the letters vacated. A hearing was had, and the probate sustained. An appeal was taken to the orphans’…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
This was an issue devisavit vel non. The contestants denied the validity of the will, alleging that Rachel Francis, the testator, was a single woman when it was made in 1884, and that it was revoked by her subsequent marriage in 1886. She had been married to Thomas Watkins in 1870, who prior to 1876 had left his home in Scranton and gone with a colony to settle in Patagonia. The colony was established. Watkins as a member of it was heard from in 1876. He was at that time residing with the other colonists and engaged in labor with them. Since that time he has not…
2Cases cited2 opinions
- Whiteside's AppealSupreme Court of Pennsylvania · 1854
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