Legal Opinion

Shepard's Estate

Supreme Court of Pennsylvania

Decided October 7, 1895No. Appeal, No. 238PublishedCited by 15 opinions

Appeal, No. 238, Jan. T., 1895, by-Charles E. Shepard et al., from decree of O. C. Montgomery County, overruling demurrer to appeal from decision of register of wills, admitting will to probate. Demurrer to appeal from decision of register of wills admitting to probate a paper writing alleged to be the last will and testament of Harriet Y. Shepard. The facts appear by the opinion of the Supreme Court. The court overruled the demurrer and granted an issue devisavit vel non.

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Appeal, No. 238, Jan. T., 1895, by-Charles E. Shepard et al., from decree of O. C. Montgomery County, overruling demurrer to appeal from decision of register of wills, admitting will to probate. Demurrer to appeal from decision of register of wills admitting to probate a paper writing alleged to be the last will and testament of Harriet Y. Shepard. The facts appear by the opinion of the Supreme Court. The court overruled the demurrer and granted an issue devisavit vel non. Error assigned was decree overruling demurrer.

1Opinion of the Court

Opinion by

Mr. Justice Dean,

Harriet Y. Shepard, being seized of an estate of the value of about §80.000, on Dec. 14, 1891, died, leaving a will dated June 18, 1891, but executed shortly before her death, in which she disposed of her estate by a division into four equal parts: one fourth to her son, Charles E. Shepard; one fourth to her son, John S. Shepard; one fourth to the three children of a deceased daughter, Mrs. Abraham S. Yealde, and the remaining fourth to her son, Henry S. Shepard’s wife or children. The will purported to be signed by the testatrix with her own hand, and was attested…

2Cases cited4 opinions

  1. Cochran v. YoungSupreme Court of Pennsylvania · 1883
  2. Schwilke's AppealSupreme Court of Pennsylvania · 1882
  3. In re Beeder's EstateSupreme Court of Pennsylvania · 1849
  4. Commonwealth ex rel. Winpenny v. BunnSupreme Court of Pennsylvania · 1872

3Cited by15 opinions

  1. In Re Estate of MeredithMichigan Supreme Court · 1936
  2. Keeler v. LauerSupreme Court of Kansas · 1906
  3. Murray WillSupreme Court of Pennsylvania · 1961
  4. In Re Estate of DuffySupreme Court of Iowa · 1940
  5. Knecht's EstateSupreme Court of Pennsylvania · 1941

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