Legal Opinion

Trost v. Dingler

Supreme Court of Pennsylvania

Decided January 3, 1888No. 135½PublishedCited by 11 opinions

ERROR TO THE COURT OE COMMON PLEAS NO. 1 OE ALLEGHENY COUNTY. No. 135½ October Term 1887, Sup. Ct.; court below, No. 651 March Term 1886, C. P. To the number and term of the court below an issue was framed upon the precept of the register of wills, wherein Catharine Dingier and others, who were the heirs at law of Gottlieb Weiss, deceased, were plaintiffs, and Henry and Margaretta Trost defendants, to determine the truth of objections filed to the admission to probate of a…

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ERROR TO THE COURT OE COMMON PLEAS NO. 1 OE ALLEGHENY COUNTY. No. 135½ October Term 1887, Sup. Ct.; court below, No. 651 March Term 1886, C. P. To the number and term of the court below an issue was framed upon the precept of the register of wills, wherein Catharine Dingier and others, who were the heirs at law of Gottlieb Weiss, deceased, were plaintiffs, and Henry and Margaretta Trost defendants, to determine the truth of objections filed to the admission to probate of a testamentary paper dated September 21,1885, as the last will of said deceased, which objections were : 1. That there was…

1Opinion of the Court

Opinion,

Mr. Chief Justice Gordon:

When Gottlieb Weiss made his will his soundness of mind and testamentary capacity were undoubted. Whilst his body was partially paralyzed, so that he was not able to help himself, mentally he appears to have been as active, determined, and vigorous as any of those by whom he was surrounded. The circumstances under which that will was drawn and signed were as favorable and as free from extraneous influence as could well be. It was drawn up on his own dictation by Alderman B. A. Hartman, and in the absence of the proponents ; it was regularly signed and…

2Cases cited4 opinions

  1. Thompson v. KynerSupreme Court of Pennsylvania · 1870
  2. Tawney v. LongSupreme Court of Pennsylvania · 1874
  3. Eckert v. FlowrySupreme Court of Pennsylvania · 1862
  4. McMahon v. RyanSupreme Court of Pennsylvania · 1853

3Cited by11 opinions

  1. Aggas v. MunnellSupreme Court of Pennsylvania · 1930
  2. Kustus v. HagerSupreme Court of Pennsylvania · 1920
  3. Robinson v. RobinsonSupreme Court of Pennsylvania · 1902
  4. Englert v. EnglertSupreme Court of Pennsylvania · 1901
  5. President, Etc., of Bowdoin College v. MerrittU.S. Circuit Court for the District of Northern California · 1896

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