Carey's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Register’s Court of Philadelphia: In the matter of the probate of the will of William Gibson, deceased, and granting letters testamentry thereon: No. 358, to January Term 1872. On the 25th of April 1868, a will of Dr. William Gibson was presented to the register of wills of' Philadelphia, admitted to probate and letters testamentary granted to John J. Reese one of the executors named in it.
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Appeal from the decree of the Register’s Court of Philadelphia: In the matter of the probate of the will of William Gibson, deceased, and granting letters testamentry thereon: No. 358, to January Term 1872. On the 25th of April 1868, a will of Dr. William Gibson was presented to the register of wills of' Philadelphia, admitted to probate and letters testamentary granted to John J. Reese one of the executors named in it. The following is the will:— “My last will and testament. Philadelphia, December 19th, 1867. — In the name of God, Amen. This is my last will and testament. — I bequeath to my…
1Opinion of the Court
The opinion of the court was delivered, February 26th 1874, by
Gordon, J.
The pivot around which this case revolves is the question of the domicil of Dr. Gibson at the date of the execution of the will of 1867. If that domicil is found to be in Pennsylvania, then that will is good, the decree of the Register’s Court was right, and further it is a revocation of the will published in Rhode Island in 1865. On the other hand, if his home was in Rhode Island in 1867, at the time of the publication of the Pennsylvania will, then it is conceded on all hands that the latter will is void, because not…
2Cited by10 opinions
- Dorrance's EstateSupreme Court of Pennsylvania · 1932
- Price v. PriceSupreme Court of Pennsylvania · 1893
- Shilkret v. HelveringCourt of Appeals for the D.C. Circuit · 1943
- Obici EstateSupreme Court of Pennsylvania · 1953
- Dalrymple's EstateSupreme Court of Pennsylvania · 1906
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