Eyster v. Young
Supreme Court of Pennsylvania
Feigned issue to try the validity of the last will of Daniel Eyster. The facts were as follow : The deceased being much indisposed, sent for Jacob Rudisill, esq. one of the judges of the Court of Common Pleas of York county, to draw his will.
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Feigned issue to try the validity of the last will of Daniel Eyster. The facts were as follow : The deceased being much indisposed, sent for Jacob Rudisill, esq. one of the judges of the Court of Common Pleas of York county, to draw his will. He received his instructions at his bed side, in the presence of Jacob Kagey and Dr. Christian Messing; and as he swore, made short memorandums of them in writing, which he read and explained to him, and asked him if he was satisfied therewith as his will; to which he replied in the affirmative. The decedent was in his perfect senses, though in pain,…
1Opinion of the Court
By the Court.
Thé three first objections made by the defendant’s counsel are readily disposed of.
That written declarations of a man’s mind how his estate shall go after his death, made animo testandi, may amount to a will, when duly proved, cannot be doubted. If they are not sufficiently copious to embrace his whole estate, the consequence would be, that he dies intestate quoad hoc, and the same exception would lie to any will duly executed and attested, which did not contain a full disposition. Nor can there be any difficulty on the point of publication. The law requires no particular form of…
2Cases cited1 opinion
- Jones v. MurphySupreme Court of Pennsylvania · 1844
3Cited by6 opinions
- Jones v. MurphySupreme Court of Pennsylvania · 1844
- Reynolds v. ReynoldsSupreme Court of Pennsylvania · 1827
- Rohrer v. StehmanSupreme Court of Pennsylvania · 1833
- Rossetter v. SimmonsSupreme Court of Pennsylvania · 1821
- Banks' EstatePennsylvania Orphans' Court, Philadelphia County · 1963
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