Rowland v. Evans
Supreme Court of Pennsylvania
In error from the District Court of Allegheny county. Sept. 24. The plaintiffs were the heirs-at-law of Evans, and brought an ejectment for his land. The defendants claimed under Ms will, which had been admitted to probate. The plaintiffs offered to prove the insanity of the testator at the time of making the will.
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In error from the District Court of Allegheny county. Sept. 24. The plaintiffs were the heirs-at-law of Evans, and brought an ejectment for his land. The defendants claimed under Ms will, which had been admitted to probate. The plaintiffs offered to prove the insanity of the testator at the time of making the will. The court (Lowbxe, J.) rejected the evidence, saying:— ■ «lam not at all able to appreciate the argument that suggests, that this court would act with becoming modesty, by following the track of the old law on the subject of the effect of probates of wills; and leaving it to our…
1Opinion of the CourtBell, J.
Upon the ground that the probate of James Evans’s last will, before the register of wills of Allegheny county, is conclusive upon the question of title to the land, sought to be recovered in the action of ejectment, and bars further inquiry into the validity of that instrument, the court below rejected the evidence- offered by the plaintiff to establish the asserted fact that the testator was of non-sane memory at the time the alleged will was executed. Whether this rejection of the proffered evidence involves an error, is the only question presented by this record.
Before-the act of the 15th…
2Cases cited2 opinions
- Smith v. BonsallSupreme Court of Pennsylvania · 1835
- Lewis v. PrattSupreme Court of Pennsylvania · 1836