Derr v. Greenawalt
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lebanon county: Of May Term 1874, No. 15. This was a feigned issue from the Begister’s Court, filed in the Court of Common Pleas December 15th 1871, in which William M. Derr, acting executor of L. T. Calvin Greenawalt, deceased, was [plaintiff,'and Lorenzo Greenawalt, Wilhelmina Greenawalt and Catharine Greenawalt, “some of the.heirs at law” of L. T. Calvin Greenawalt, deceased, were defendants.
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Error to the Court of Common Pleas of Lebanon county: Of May Term 1874, No. 15. This was a feigned issue from the Begister’s Court, filed in the Court of Common Pleas December 15th 1871, in which William M. Derr, acting executor of L. T. Calvin Greenawalt, deceased, was [plaintiff,'and Lorenzo Greenawalt, Wilhelmina Greenawalt and Catharine Greenawalt, “some of the.heirs at law” of L. T. Calvin Greenawalt, deceased, were defendants. The particular issues directed to be tried were:— 1. “ That the paper admitted to probate is not the last will and testament of the said L. T. Calvin Greenawalt.…
1Opinion of the CourtJustice Sharswood
The jury having found in favor of this will and against the defences of mental incapacity, undue influence and fraud, we are relieved from the necessity of considering many of the alleged errors, both in the reception and rejection of evidence, and the answers to the points and the instructions of the charge, which relate exclusively to those subjects.
The principal, indeed the only matter of which, in view of the verdict of the jury, this plaintiff in error has any right to complain, is the binding direction given by the court to the jury under the whole evidence, that the residuary bequest…
2Cases cited1 opinion
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