Stewart's Estate
Supreme Court of Pennsylvania
Appeal, No. 170, Jan. T., 1892, by John Clark, executor of James S. Dean, deceased, from decree of O. C. Huntingdon Co., 1891, No. 227, refusing to grant an issue to determine whether or not the codicil to the will of David Stewart had been canceled by the testator.
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Appeal, No. 170, Jan. T., 1892, by John Clark, executor of James S. Dean, deceased, from decree of O. C. Huntingdon Co., 1891, No. 227, refusing to grant an issue to determine whether or not the codicil to the will of David Stewart had been canceled by the testator. The facts appear by the opinion of the court below by Fubst, P. J., refusing the issue, in part, as follows: “ On the 24th February, 1883, James Dean appealed from the decree of the register, refusing probate of a codicil to the will of David Stewart, and made application to the orphans’ court for a feigned issue to determine…
1Opinion of the Court
Per. Curiam,
We do not think it was error to refuse the issue prayed for. It is true, the circumstances connected with the destruction of the codicil are of a peculiar nature, and somewhat suspicious. The law presumes, however, in the absence of proof to the contrary, that it was done by the testator himself. There is nothing beyond mere suspicion pointing to anyone else. The most that the evidence shows is, that some one other than the testator might have destroyed the codicil. This, however, would not be sufficient to sustain a verdict against the will, and the issue was properly refused.
The…
2Cited by5 opinions
- Murray WillSupreme Court of Pennsylvania · 1961
- Wood's EstateSupreme Court of Pennsylvania · 1915
- Fallon's EstateSupreme Court of Pennsylvania · 1906
- Cromer EstatePennsylvania Orphans' Court, Fulton County · 1949
- Rosenthal's EstatePennsylvania Orphans' Court, Philadelphia County · 1939