M'Ilroy v. M'Ilroy
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Huntingdon county. On the trial of an issue directed by the Register’s Court of Huntingdon county, to determine the validity of a paper, purporting to be the last will of Thomas M‘Ilroy, William, his son, who was named in it as one of the executors, and also, had a legacy bequeathed to him, was offered as a witness in support of the will.
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Error to the Court of Common Pleas of Huntingdon county. On the trial of an issue directed by the Register’s Court of Huntingdon county, to determine the validity of a paper, purporting to be the last will of Thomas M‘Ilroy, William, his son, who was named in it as one of the executors, and also, had a legacy bequeathed to him, was offered as a witness in support of the will. He had formally renounced the executorship, and had, by an instrument, reciting a consideration of one hundred and fifty dollars, released his interest as a legatee to William M‘ Williams, and Ann his wife, which Ann was…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
The witness is the son of the testator, and was named an executor and a-legatee; but, having renounced the executorship, and parted with his legacy to' his sister and her husband, the court admitted him as competent to prove the execution of the Will. Qne ground of objection, that he is incompetent from interest *434which existed when the will is supposed to have been made, was overruled in Kerns v. Soxman, 16 Serg. & Rawle, 315; and the question, therefore, is, whether he now stands clear of interest as a legatee. The release, as it is…
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