Molloy's Estate

Philadelphia County Orphans' Court

Molloy's Estate

18 Pa. D. & C. 1, 1932 Pa. Dist. & Cnty. Dec. LEXIS 266

CourtPennsylvania Orphans' Court, Philadelphia County

DecidedDecember 24, 1932

DocketNo. 1146 of 1932

StatusPublished

This text of 18 Pa. D. & C. 1 (Molloy's Estate) is published on Counsel Stack Legal Research, covering Pennsylvania Orphans' Court, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Molloy's Estate, 18 Pa. D. & C. 1, 1932 Pa. Dist. & Cnty. Dec. LEXIS 266 (Pa. Super. Ct. 1932).

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Opinion

Sinklbr, J.,

The exceptions in the present case have been filed to the decree of the presiding judge dismissing an appeal from the admission to probate by the register of wills of a writing purporting to be the last will and testament of the decedent on the ground of undue influence and lack of testamentary capacity on the part of the testatrix. Such an appeal should not be sustained unless the evidence is of such a character that the trial judge as chancellor should refuse to set aside a verdict against the will. Counsel for the exceptant has devoted painstaking labor to a presentation of his case, but upon consideration of the evidence before the presiding judge, we consider that he has correctly determined the issues before him and that the exceptions should be dismissed.

At the argument before the court in banc on the exceptions, counsel for the proponents stated that the proponents were willing that a burial lot in Holy Cross Cemetery, which was included in the residuary estate and devised to the proponent, be conveyed to the appellant should the court decide that the exceptions should be dismissed. It is therefore incumbent upon the proponent, the exceptions being dismissed, to carry out this agreement.

The exceptions are dismissed and the decree of the presiding judge is confirmed absolutely.

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Sinklbr, J.,

The exceptions in the present case have been filed to the decree of the presiding judge dismissing an appeal from the admission to probate by the register of wills of a writing purporting to be the last will and testament of the decedent on the ground of undue influence and lack of testamentary capacity on the part of the testatrix. Such an appeal should not be sustained unless the evidence is of such a character that the trial judge as chancellor should refuse to set aside a verdict against the will. Counsel for the exceptant has devoted painstaking labor to a presentation of his case, but upon consideration of the evidence before the presiding judge, we consider that he has correctly determined the issues before him and that the exceptions should be dismissed.

At the argument before the court in banc on the exceptions, counsel for the proponents stated that the proponents were willing that a burial lot in Holy Cross Cemetery, which was included in the residuary estate and devised to the proponent, be conveyed to the appellant should the court decide that the exceptions should be dismissed. It is therefore incumbent upon the proponent, the exceptions being dismissed, to carry out this agreement.

The exceptions are dismissed and the decree of the presiding judge is confirmed absolutely.

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Bluebook (online)

18 Pa. D. & C. 1, 1932 Pa. Dist. & Cnty. Dec. LEXIS 266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/molloys-estate-paorphctphilad-1932.