Maginn's Estate
Citations
- 278 Pa. 89
- 122 A. 264
- 30 A.L.R. 418
- 1923 Pa. LEXIS 477
Syllabus
<p>Wills — Probate—Signature at end — Acts of April 8, 1888, P. L. 81f9, and June 7, 1917, P. L. l¡-08 — Loose sheets of paper — Internal sense — Buies of construction — Presumption.</p> <p>1. In interpreting a statute requiring the observance of certain forms in the making of a -will, the courts rigidly oppose any exception tending to weaken the basic principle underlying the law, the chief purpose of which is to see that the testator’s wishes are observed.</p> <p>2. It has always been the policy of the law to sustain a will if it is legally possible to do so, but the legislative barriers, protecting a man’s property after death, are not to be broken down, even if a situation may be presented apparently meritorious.</p> <p>3. A will may be written on several detached or loose sheets of paper, but to constitute such papers a will, they must be connected by their internal sense.</p> <p>4. While a will need not be signed at the physical or spatial end, and pages need not follow in numerical order, there must be the sequence of pages or paragraphs which relates to its logical and internal sense, and the signature must be placed at the sequential end; and this end must not permit the substitution or interpolation of pages in advance unless they are connected as indicated.</p> <p>5. Proof of signature alone is not sufficient to establish a will which consists of a number or collection of loose leaves, or leaves insecurely fastened together.</p> <p>6. The presumption in such case is that unattached or unsigned loose sheets, not connected by their internal sense to other pages of the will, were written after the signature of the testator.</p> <p>7. A will is not signed at the end thereof as required by the Act of April 8, 1833, P. L. 249, now the Act of June 7, 1917, P. L. 403, where unattested, unattached, loose sheets, disposing of a part of the estate, are presumed to follow testator’s signature.</p> <p>8. Several various sized, unnumbered, detachable typewritten pages,
Judges: Frazer, Kephart, Moschzisker, Sadler, Simpson, Walking
Read full opinion on CourtListenerCited by
23 cases in this archive cite this case; the 20 most cited are listed.
- Matter of Estate of CavillSupreme Court of Pennsylvania· 1974-12-05· cited 44×
- Kehr WillSupreme Court of Pennsylvania· 1953-03-23· cited 36×
- Kretz EstateSupreme Court of Pennsylvania· 1963-03-21· cited 12×
- Glace WillSupreme Court of Pennsylvania· 1964-01-07· cited 8×
- Miller WillSupreme Court of Pennsylvania· 1964-05-11· cited 8×
- Van Gilder WillSupreme Court of Pennsylvania· 1966-05-24· cited 6×
- Cole v. WebbCourt of Appeals of Kentucky (pre-1976)· 1927-06-24· cited 4×
- Knupp WillSupreme Court of Pennsylvania· 1967-11-30· cited 4×
- Stasis WillSupreme Court of Pennsylvania· 1973-07-02· cited 4×
- In re the Estate of GorrellEssex County Surrogate's Court· 1941-02-10· cited 4×
- Hays v. MarschallCourt of Appeals of Kentucky (pre-1976)· 1932-03-22· cited 2×
- Koenig's EstateDauphin County Orphans' Court· 1934-12-17· cited 1×
- Yontz v. YontzDauphin County Court of Common Pleas· 1941-02-26
- Davis' EstatePhiladelphia County Orphans' Court· 1942-02-06
- Bonsall EstatePhiladelphia County Orphans' Court· 1948-10-27
- DeLecce EstatePhiladelphia County Orphans' Court· 1949-01-14
- Gelwicks EstateFranklin County Orphans' Court· 1953-08-06
- Huntley EstateErie County Orphans' Court· 1956-07-11
- Harvey EstateColumbia County Orphans' Court· 1964-01-16
- Capers EstateAllegheny County Orphans' Court· 1964-11-12
Cites
11 cases in this archive are cited by this case.
- Frick's EstateSupreme Court of Pennsylvania· 1923-04-30· cited 42×
- Churchill's EstateSupreme Court of Pennsylvania· 1918-01-07· cited 35×
- Kirkpatrick's EstateSupreme Court of Pennsylvania· 1922-06-24· cited 34×
- Wikoff's AppealSupreme Court of Pennsylvania· 1850-12-15· cited 32×
- Seiter's EstateSupreme Court of Pennsylvania· 1919-06-21· cited 30×
- Heise v. HeiseSupreme Court of Pennsylvania· 1858-07-01· cited 17×
- Stinson's EstateSupreme Court of Pennsylvania· 1910-07-01· cited 16×
- Swire's EstateSupreme Court of Pennsylvania· 1909-06-22· cited 12×
- Ginder v. FarnumSupreme Court of Pennsylvania· 1848-02-19· cited 9×
- Teed's EstateSupreme Court of Pennsylvania· 1909-10-11· cited 7×
- Taylor's EstateSupreme Court of Pennsylvania· 1911-01-03· cited 6×
Sourced from CourtListener / Free Law Project (CC0).
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