Miller v. Oestrich
Supreme Court of Pennsylvania
Appeal, No. 82, Jan. T., 1893, by defendant, Mary Oestrich, from judgment of C. P. Huntingdon Co., May T., 1892, No. 14, on verdict for plaintiffs, David P. Miller et al. Issue devisavit vel non.
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Appeal, No. 82, Jan. T., 1893, by defendant, Mary Oestrich, from judgment of C. P. Huntingdon Co., May T., 1892, No. 14, on verdict for plaintiffs, David P. Miller et al. Issue devisavit vel non. Before Furst, P. J. The issues to be tried were as follows : 1. Whether the paper writing dated the 6th day of November, A. D. 189k purporting to be the last will and testament of Eliza E. Watson, was signed by her. 2. Whether said paper wilting dated the 6th day of November, A. 1). 1891, purporting to be the last will and testament of Eliza E. Watson, if signed and executed by her, was signed…
1Opinion of the Court
Opinion by
Mr. Justice Green,
The fact of the execution of the will in dispute by the testatrix is conclusively established by the verdict upon ample testimony, and therefore any question upon that subject is now out of consideration. All the specifications of error may be disposed of by considering whether there was sufficient evidence to leave to the jury the questions whether the testatrix was of sound mind at the execution of the will, and whether the will was procured to be made as it is, by means of undue influence.
So far as the latter question is concerned it must be observed that the…
2Cases cited6 opinions
- Wilson v. MitchellSupreme Court of Pennsylvania · 1882
- Grubbs v. McDonaldSupreme Court of Pennsylvania · 1879
- Shaver v. McCarthySupreme Court of Pennsylvania · 1885
- Bitner v. BitnerSupreme Court of Pennsylvania · 1870
- Daniel v. DanielSupreme Court of Pennsylvania · 1861
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3Cited by9 opinions
- Phillips' EstateSupreme Court of Pennsylvania · 1914
- Llewellyn's EstateSupreme Court of Pennsylvania · 1929
- Thompson WillSupreme Court of Pennsylvania · 1956
- King WillSupreme Court of Pennsylvania · 1952
- Kane's EstateSupreme Court of Pennsylvania · 1903
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