Legal Opinion

Shinn v. Holmes

Supreme Court of Pennsylvania

Decided July 1, 1855PublishedCited by 3 opinions

Error, to the District Court of Allegheny county. This was au amicable action of debt on a bond, in which Thomas Holmes is plaintiff, and William M. Shinn defendant. The parties agreed upon a case stated, with liberty to either party to sue out a writ of error. The case stated, comprising copies of many papers and documents, is too voluminous to reprint entire.

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Error, to the District Court of Allegheny county. This was au amicable action of debt on a bond, in which Thomas Holmes is plaintiff, and William M. Shinn defendant. The parties agreed upon a case stated, with liberty to either party to sue out a writ of error. The case stated, comprising copies of many papers and documents, is too voluminous to reprint entire. The leading facts were as follows: The bond in suit was given by defendant to plaintiff to secure the consideration of a tract of land in Ross township, Allegheny county, conveyed by plaintiff and wife to defendant by deed, dated the…

1Opinion of the Court

The opinion of the Court was delivered by

Lewis, J.

The decree of the register admitting a will to probate, whether expressed in the form of an adjudication, or implied by his "official act of granting letters testamentary, is conclusive in regard to the personalty, and is primd'facie evidence of its execution in controversies respecting the real estate: 7 Watts 58-9. In ejectment, the probate cannot be invalidated by looking into the evidence on which the decree was founded. This can only be done by the introduction of testimony tending to show that the will was not executed at all, or that it…

2Cases cited1 opinion

  1. Carpenter v. CameronSupreme Court of Pennsylvania · 1838

3Cited by3 opinions

  1. Long v. HillSuperior Court of Pennsylvania · 1905
  2. Martin v. Weaver, Pennsylvania Court of Common Pleas, Fulton County1928
  3. Plotts' EstatePennsylvania Orphans' Court, Philadelphia County · 1938

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