Lewis v. Maris
Supreme Court of Pennsylvania
THIS was an appeal from the Decree of the Register of Wills, and two justices of the Court of Common Pleas of the county of Montgomery, who admitted an instrument bearing date the 25th of the Tenth Month, 1786, purporting to be the last will and Testament of one Jephtha Lewis, the father of the Appellant, to be proved as a good Will and Testament in writing, although it had neither been written, nor subscribed, by the supposed testator, upon the deposition of John Evans, a…
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THIS was an appeal from the Decree of the Register of Wills, and two justices of the Court of Common Pleas of the county of Montgomery, who admitted an instrument bearing date the 25th of the Tenth Month, 1786, purporting to be the last will and Testament of one Jephtha Lewis, the father of the Appellant, to be proved as a good Will and Testament in writing, although it had neither been written, nor subscribed, by the supposed testator, upon the deposition of John Evans, a scrivener, that it was drawn at his request, and conformably to his instructions, but never read to him after it was…
1Opinion of the Court
The Court took time to consider of their Judgment, which was the next day delivered by the Chief Justice.
M'Kean, Chief Justice.
This cause comes before us upon an appeal from the Register of Wills, and two Justices of the Court of Common Pleas of the county of Montgomery; and, it is agreed, that there is but one question for the determination of the Court; to wit, whether a Will not written by the Testator, or subscribed by him, but put into writing by his direction, and proved to be so only by the person who drew it, ought to be established as a good and perfect Will and Testament?
The…
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