Alter's Appeal
Supreme Court of Pennsylvania
Appeal from the Register’s Court of Philadelphia: No. 163, to July Term 1870. The decree appealed from was refusing .to admit to probate, as the will of George A. Alter, a paper writing, signed “ Catharine Alter.” Catharine Alter was the sole devisee, legatee and executor named in the will, and was the appellant.
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Appeal from the Register’s Court of Philadelphia: No. 163, to July Term 1870. The decree appealed from was refusing .to admit to probate, as the will of George A. Alter, a paper writing, signed “ Catharine Alter.” Catharine Alter was the sole devisee, legatee and executor named in the will, and was the appellant. In March 1862, under the instructions of George A. Alter and Catharine Alter, who was his wife, Mr. Flood, a lawyer, prepared for each of them a will, the husband giving to the wife all .his property, and appointing her executor; both were' dated March 31st 1862. By mistake, the wife…
1Opinion of the Court
The opinion of the court was delivered,
by Agnew, J.
This is a hard case, but it seems to be without a remedy. An aged couple, husband and wife, having no lineal descendants, and each owning property, determined to make their wills in favor of each other, so that the survivor should have all they possessed. Their wills were drawn precisely alike, mutatis mutandis, and laid down on a table for execution. Each signed a paper, which was duly witnessed by three subscribing witnesses, and the papers were enclosed in separate envelopes, endorsed and sealed up. After the death of George A. Alter, the…
2Cases cited1 opinion
- Norman v. HeistSupreme Court of Pennsylvania · 1843
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