Rossetter v. Simmons
Supreme Court of Pennsylvania
EJECTMENT for a moiety of certain messuages and ^ots °f grounc^ in the city of Philadelphia, which the plaintiff claimed under the will of John Rossetter. deceased.
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EJECTMENT for a moiety of certain messuages and ^ots °f grounc^ in the city of Philadelphia, which the plaintiff claimed under the will of John Rossetter. deceased. The ** ' cause was tried before the Chief Justice, on the 8th March, when the jury returned a special verdict by which they found that John Rossetter, the father of the plaintiff, on the 6th September, 1810, being then extremely ill,' but in the full possession of his intellectual faculties, directed his will to be made in writing, which was done according to his directions, in the manner, at the time, in the place, and under the…
1Opinion of the CourtDuncan, J.
To constitute a valid disposition óf real estate by will, it is necessary that it should be in writing; put into writing in the testator’s life time. Signing by the testator, formal publica- . cation, attestation by subscribing witnesses, are solemnities not- required by our laws ; but it must be proved by two witnesses. Before the statute of frauds in England, any scrap of writing, though it was neither signed, sealed nor written by the testator, might have been established by one witness as a will of lands, Rowel, Dev.31; for when a man, sick-a-bed,sent for a lawyer, and requested his…
2Cases cited2 opinions
- Eyster v. YoungSupreme Court of Pennsylvania · 1803
- Fenn v. ReadSupreme Court of Pennsylvania · 1791
3Cited by1 opinion
- Brown v. DysingerSupreme Court of Pennsylvania · 1829