Galli's Estate

Citations

• 250 Pa. 120
• 95 A. 422
• 1915 Pa. LEXIS 917

Syllabus

<p>Appeals — Definitive decree — Decedents’ estates — Certification by register to O. C. — Act of March 15,1832, P. L. 135.</p> <p>1. Where the question as to whether certain testamentary papers should have been admitted to probate was certified by the register of wills to the Orphans’ Court under the Act of March 15, 1832, P. L. 135, and the Orphans’ Court entered a decree directing the register to admit them to probate as constituting the last will of decedent, such decree is definitive and an appeal lies therefrom to the Supreme Court. After such decree the duty of the register is ministerial and not discretionary.</p> <p>Wills — Defectively executed testamentary writings — Admission to probate.</p> <p>2. Defects in the execution or witnessing of a will such that some or all of the bequests therein contained are void, do not prevent the probate of the will but go to the question of distribution.</p> <p>3. Where testatrix, a citizen of Italy left one properly éxecuted will and certain other testamentary writings, not executed according to the laws of Italy, but which contained statements throwing light upon testatrix’s testamentary intention all the papers are properly admitted to probate, their legal effect to be left for future consideration and determination.</p>