Jordan's Estate
Supreme Court of Pennsylvania
Appeal, No. 266, Oct. T., 1893, by Elizabeth J. Bear et al., from decree of O. C. Lawrence Co., distributing estate of Michael Jordan, deceased. Exceptions to auditor’s report.
Read the full summary
Appeal, No. 266, Oct. T., 1893, by Elizabeth J. Bear et al., from decree of O. C. Lawrence Co., distributing estate of Michael Jordan, deceased. Exceptions to auditor’s report. Before the auditor, John G. McConahy, Esq., it appeared that Michael Jordan died Nov. 16, 1888, leaving a will dated May 9,1888, bjr which, after certain small legacies to his daughter and granddaughter, he gave the residue of his estate to the Presbyterian church and congregation of Pine Grove. ' One of the witnesses of the will was also an executor. The auditor found that the executor was a “ disinterested ” witness,…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
The single question presented by this record is whether or not an executor is a “disinterested” witness within the meaning of the act of April 26, 1855, relating to the execution of wills containing bequests to charity. Competency was made by the terms of that act to depend upon the fact that the required witnesses were “ disinterested ” at the time of attestation ; but it furnished no test as to what should constitute interest, and therefore left it to the definition of existing law. “ The true test of the interest of a witness,” says Greenleaf, vol. 1,…
2Cases cited2 opinions
- Combs' & Hankinson's AppealSupreme Court of Pennsylvania · 1884
- Snyder v. BullSupreme Court of Pennsylvania · 1851
3Cited by10 opinions
- Hampton Tree Farms, Inc. v. JewettOregon Supreme Court · 1995
- Baughman's EstateSupreme Court of Pennsylvania · 1924
- Kessler's EstateSupreme Court of Pennsylvania · 1908
- Channon's EstateSupreme Court of Pennsylvania · 1920
- Hiatt v. McColleyIndiana Supreme Court · 1908
5 more not listed; retrieve them via the Exa API.