Dietrich v. Dietrich
Supreme Court of Pennsylvania
IN ERRORs Writ of error to the Court of Common Pleas of the county of Lancaster. This was an issue of devisavit vel non on an instrument of writing, purporting to be the last will and testament of Philip Dietrich, deceased.
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IN ERRORs Writ of error to the Court of Common Pleas of the county of Lancaster. This was an issue of devisavit vel non on an instrument of writing, purporting to be the last will and testament of Philip Dietrich, deceased. That paper contained a devise of one tract of land to Henry Dietrich, and another to his sons Adam and Samuel, charged with legacies which were bequeathed to the testator’s son Michael, and his two daughters, Barbara-, wife oí Andrew Yundt, and Christiana, wife of Jacob Shaeffer. Henry Dietrich and Christian Herr were appointed executors, and the paper was witnessed by…
1Opinion of the CourtGibson, C. J.
I have so often been accused of an attachment to v .common law principles and forms in preference -to local practice, .that it gives me pleasure to testify, in this instance, a paramount .respect for our own precedents. This court had flattered itself that the law was settled by Bovard v. Wallace, and Nussear v. Arnold, (which is this very case,) if not in conformity to common law ^analogies, at least .consistently with justice and reason; and even ■were my opinion of the fitness of those decisions changed, I would, to avoid the mischiefs which are inevitably produced by overturning the…
2Cases cited5 opinions
- Brandt ex dem. Van Cortlandt v. KleinNew York Supreme Court · 1820
- Jackson ex dem. Neilson v. M'VeyNew York Supreme Court · 1820
- Bovard v. WallaceSupreme Court of Pennsylvania · 1818
- Pipher v. LodgeSupreme Court of Pennsylvania · 1827
- Nussear v. ArnoldSupreme Court of Pennsylvania · 1825