Heister v. Lynch
Supreme Court of Pennsylvania
An issue had been directed by the register for the probate of wills and granting letters of administration, for the county of Montgomery, on the prayer of the parties, to try the validity of a certain writing dated 12th October 1789, purporting to be the last will and testament of John Pawling déceased. It came on to be tried at the last assizes for Montgomery county, by a special jury, who gave a verdict establishing the will. A motion was now made for a new trial.
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An issue had been directed by the register for the probate of wills and granting letters of administration, for the county of Montgomery, on the prayer of the parties, to try the validity of a certain writing dated 12th October 1789, purporting to be the last will and testament of John Pawling déceased. It came on to be tried at the last assizes for Montgomery county, by a special jury, who gave a verdict establishing the will. A motion was now made for a new trial. It appeared on the trial, that there were three subscribing witnesses to the will, Israel Jacobs, esq. George Bowyer and William…
1Opinion of the Court
M’Kean C. J.
A court of equity will order a new trial on an issue directed to be tried at law, without setting aside the former verdict. It is merely for the satisfaction of the conscience of the chancellor. But I greatly doubt the power of *113the register in a cáse similar to the present, where an issue has been directed under the law, to try the validity of a will. Undoubtedly, however, the court where the trial is have a power over the verdict. George Bowyer has proved the due execution of the will, by the testator, in the possession of his understanding. William Bowyer, one other of the…
2Cited by6 opinions
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- Young v. HibbsNebraska Supreme Court · 1877
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