Wilhelm's Estate

Citations

• 49 Pa. Super. 213
• 1912 Pa. Super. LEXIS 311

Syllabus

<p>Decedents’ estates — Debt—Orphans’ court — Findings of fact — Review.</p> <p>1. A finding of fact by the orphans’ court that a debt acknowledged by a testator in his will has not been paid, has the same weight as the verdict of a jury and will not be set aside by the appellate court except for clear error.</p> <p>Wills — Acknowledgment of debt — Codicil.</p> <p>2. Where a testator in his will acknowledges an indebtedness, and subsequently executes a codicil in which there is no reference to the indebtedness stated in the will, the effect of the codicil is to make the will speak as of the date of the codicil, and in the absence of any proof that the debt acknowledged by the will had been paid, the republication of the will by the codicil is a restatement of the existence of the debt.</p>