Fetterhoff's Estate
Supreme Court of Pennsylvania
Fetterhoff's Estate, 228 Pa. 535 (Pa. 1910)
77 A. 826; 1910 Pa. LEXIS 521
Brown, Elkin, Mestrezat, Moschzisker, Potter
Fetterhoff's Estate
Opinion of the Court
The religious and charitable bequests and devises of the testatrix are void for her failure to have the execution of her will attested by two credible and, at the time, disinterested witnesses, as required by the Act of April 26, 1855, P. L. 328. Under Kessler’s Est., 221 Pa. 314, no one of the three attesting witnesses was disinterested. Nothing more need be said, and the decree is affirmed at appellants’ costs.
Reference
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- Will — Charitable devise — Act of April 26, 1855, P. L. 828 — Attesting witnesses — Disqualifying interest — Officers of charity. Where a will includes a number of legacies and a general residuary-devise for charitable purposes, and two of the three attesting witnesses are connected with one of the charities benefited, in the capacity of trustees, while the third witness is an officer in several of the religious and charitable organizations benefited, the witnesses are disqualified under the act of 1855 and the charitable gifts fail.