Leckey v. Cunningham
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Payette county: No. 31, to October and November Term 1867. This was a feigned issue to try whether a certain paper writing, dated November 14th 1860, was the will of Alexander Leckey, deceased.
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Error to the Court of Common Pleas of Payette county: No. 31, to October and November Term 1867. This was a feigned issue to try whether a certain paper writing, dated November 14th 1860, was the will of Alexander Leckey, deceased. On the 23d of February 1865 Alexander Leckey and others entered with the register a caveat against the probate of the paper in question, and requested the register to issue a precept to the Court of Common Pleas directing an issue to try its validity. On the 24th of February 1865, the register issued his precept to the Common Pleas, reciting that Elizabeth Baird…
1Opinion of the Court
The opinion of the court was delivered, January 7th 1868, by
Thompson, C. J.
Disqualification by proceedings at law for performing ordinary lawful acts, is a deprivation of individual rights, and in order to have effect must be complete. The instance before us illustrates this idea perfectly. The testator, Alexander Leckey, was, in 1829, declared an habitual drunkard; but his committee neither gave bond nor took charge of his property, and from that day until the day of his death, a period of thirty-five years, he managed his own affairs in his own way. This was sufficient and more than…
2Cases cited1 opinion
- Loy v. KennedySupreme Court of Pennsylvania · 1841
3Cited by3 opinions
- Girsh TrustSupreme Court of Pennsylvania · 1963
- Lanning WillSupreme Court of Pennsylvania · 1964
- In re Estate of MillerSupreme Court of Pennsylvania · 1897