Beitenman's Appeal
Supreme Court of Pennsylvania
Appeal by Reuben Beitenman and Moses Detweiler from the decree of the Register’s Court of Berks county, affirming the decree of the register in admitting the will of John Beitenman to probate. The testator, John Beitenman, resided in Hamburg, Berks county. He was about eighty-four or eighty-five years of age at the time of his death.
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Appeal by Reuben Beitenman and Moses Detweiler from the decree of the Register’s Court of Berks county, affirming the decree of the register in admitting the will of John Beitenman to probate. The testator, John Beitenman, resided in Hamburg, Berks county. He was about eighty-four or eighty-five years of age at the time of his death. On the 30th day of July 1865 (which was Sunday), the testator, being in his usual state of good health, executed his will, in which he gave all his property to his nephew, John Alfred Beitenman, a son of his deceased brother, Frederick Beitenman. The scrivener,…
1Opinion of the Court
The opinion of the court was delivered, May 13th 1867, by
Thompson, J.
— The question which we are called upon to decide in this case is, whether the will executed by the testator on Sunday, is void for this reason or not. He was between eighty-four and eighty-five years of age at the time, and had employed a person during the week previous to write it for him. The scrivener did not quite finish it till Sunday morning, when the old gentleman, as the testimony shows, read and signed it in the presence of the subscribing witnesses. Notwithstanding he was in an ordinary state of health at the…
2Cases cited3 opinions
- Lyon v. StrongSupreme Court of Vermont · 1834
- Fox v. MenschSupreme Court of Pennsylvania · 1842
- Sherman v. RobertsSupreme Court of Pennsylvania · 1855
3Cited by3 opinions
- Jackson City Bank & Trust Co. v. SternburgMichigan Supreme Court · 1937
- In Re Ferguson's EstateMichigan Supreme Court · 1940
- Hallett v. ScholesMichigan Supreme Court · 1940