McTaggart v. Thompson
Supreme Court of Pennsylvania
Error to the Common Pleas of Allegheny county. This was a feigned issue directed by the Register’s Court to the Court of Common Pleas of Allegheny county, to try the validity of the will of James Thompson. In the issue, James Thompson, and Robert Thompson, who were in favor of the will, were plaintiffs, and Elizabeth McTaggart and others, were defendants. The issue was tried before M‘Clure, J., and a verdict was rendered in favor of the plaintiffs.
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Error to the Common Pleas of Allegheny county. This was a feigned issue directed by the Register’s Court to the Court of Common Pleas of Allegheny county, to try the validity of the will of James Thompson. In the issue, James Thompson, and Robert Thompson, who were in favor of the will, were plaintiffs, and Elizabeth McTaggart and others, were defendants. The issue was tried before M‘Clure, J., and a verdict was rendered in favor of the plaintiffs. On the trial, the will of James Thompson was read in evidence on the part of the plaintiffs. On the part of defendants below, the will was…
1Opinion of the Court
The opinion of the court was delivered, October 14th, by
Rogers, J.
— This is the case of a feigned issue, directed by the Register’s Court to the Common Pleas of Allegheny county, to try the validity of the will of James Thompson.
The will is questioned on several grounds: That it is revoked by the. execution of certain mortgages to two of the devisees; that the testator was not of sound disposing mind and memory; and that it was obtained by duress, coercion, or restraint. We are relieved from a consideration of the last exception, as it was neither insisted on in the Common Pleas, nor is it…
2Cited by11 opinions
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- Robinson v. RobinsonSupreme Court of Pennsylvania · 1902
- Prager's EstateSuperior Court of Pennsylvania · 1920
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