Jones v. Hartley
Supreme Court of Pennsylvania
Qrr a writ of error to the District Court for the City and County of Philadelphia, it appeared that an action of ejectment was brought in that Court, by David Hartley, and Sarah Ann his wife, in her own right, Jane Pennell, and Edward Pennell, a minor, by N. R. Potts, his guardian, and John C. Jones, against Isaac H. Jones, Peter Weyant, Henry Moore, Isaac Rush, and others, to recover a certain tract of land in the county of Philadelphia.
Read the full summary
Qrr a writ of error to the District Court for the City and County of Philadelphia, it appeared that an action of ejectment was brought in that Court, by David Hartley, and Sarah Ann his wife, in her own right, Jane Pennell, and Edward Pennell, a minor, by N. R. Potts, his guardian, and John C. Jones, against Isaac H. Jones, Peter Weyant, Henry Moore, Isaac Rush, and others, to recover a certain tract of land in the county of Philadelphia. At the trial before Judge Stroud, on the 28th of January, 1836, the plaintiff gave in evidence, a deed of conveyance of the property, executed by Isaac…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
It is the opinion of this Court, that there was error in refusing to permit the will to be read to the jury.
The rule of law is, that the republication of a will must be accompanied by the same solemnities as were necessary to the publication in the first instance, (2 Binn. 419;) but no others are required. Hence, in England, since the statute of frauds, requiring a will to be in writing signed by the party, and to be attested and subscribed in his presence by three witnesses, a parol republication is not good; but in Pennsylvania, the…
2Cases cited2 opinions
- Havard v. DavisSupreme Court of Pennsylvania · 1810
- Ferriday v. SelcerMississippi Chancery Courts · 1844
3Cited by8 opinions
- Balliet's AppealSupreme Court of Pennsylvania · 1850
- Foster's AppealSupreme Court of Pennsylvania · 1878
- Wallace v. BlairSupreme Court of Pennsylvania · 1854
- Carey v. BaughnSupreme Court of Iowa · 1873
- In re the probate of the last will & testament of SimpsonNew York Surrogate's Court · 1878
3 more not listed; retrieve them via the Exa API.