Lant's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Lancaster county: Of May Term 1880, No. 198. Appeal of Julia M. Lant from the decree of the court dismissing her exceptions to the report of the auditors appointed to distribute the estate of Elizabeth M. Mullen, deceased. The deceased, Elizabeth M. Dunn, who was a maiden lady of considerable wealth, in 1875 agreed to marry John A. Mullen, and February 9th 1876 was fixed as the day for the marriage.
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Appeal from the Orphans’ Court of Lancaster county: Of May Term 1880, No. 198. Appeal of Julia M. Lant from the decree of the court dismissing her exceptions to the report of the auditors appointed to distribute the estate of Elizabeth M. Mullen, deceased. The deceased, Elizabeth M. Dunn, who was a maiden lady of considerable wealth, in 1875 agreed to marry John A. Mullen, and February 9th 1876 was fixed as the day for the marriage. In December 187 5 Mullen called upon Mrs. Dunn, the mother of the deceased, and asked her consent to the marriage, saying, “ I don’t want her money, I only want…
1Opinion of the CourtChief Justice Sharswood
There are some matters involved in this controversy which must be assumed if not conceded as not in dispute. First, that the instrument purporting to be the last will and testament of Elizabeth M. Dunn, dated February 8th 1876, cannot take effect as a *283will, having been revoked by her marriage with the appellee on the following day. Probate of it was refused by the tribunal having exclusive jurisdiction as far as personal property is concerned, and ifs decree unappealed from is conclusive. Second, this revocation was by the positive provision of the statute 8th April 1833, sect. 14, Pamph. L.…
2Cases cited1 opinion
- Gackenbach v. BrouseSupreme Court of Pennsylvania · 1842
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- Holwig EstateSupreme Court of Pennsylvania · 1943
- Estate of CraftSupreme Court of Pennsylvania · 1894
- Cohen v. De CiccoSuperior Court of Pennsylvania · 1926
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