Packer v. Packer
Supreme Court of Pennsylvania
Appeal, No. 186, Oct. T., 1896, by-Wilson O. Packer, one of the plaintiffs, from judgment of C. P. No. 8, Allegheny Co., Feb. T., 1896, No. 638, on verdict for defendants. ■ Issue devisavit vel non to determine the validity of a will, in which the devisees under the will were the plaintiffs, and the heirs at law of the testatrix were defendants.
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Appeal, No. 186, Oct. T., 1896, by-Wilson O. Packer, one of the plaintiffs, from judgment of C. P. No. 8, Allegheny Co., Feb. T., 1896, No. 638, on verdict for defendants. ■ Issue devisavit vel non to determine the validity of a will, in which the devisees under the will were the plaintiffs, and the heirs at law of the testatrix were defendants. Before Porter, J. At the trial it appeared that on July 26,1886, Electa Packer, .a married woman, executed a paper purporting to be her will, without attesting witnesses. Mrs. Packer died on February 18, 1895. The court charged in part as follows:…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
This issue devisavit vel non between the plaintiffs, claiming as devisees of Electa Packer who died in October, 1890, and the defendants, heirs at law of said deceased, presents the single question of law, whether a holographic’ paper, purporting to be the will of a married woman, but invalid at the time of its execution for want of witnesses, is validated by the act of June 3, 1887, dispensing with that requirement. As was correctly said by the learned trial judge, there was no evidence whatever to go to the jury oh the question whether the paper was…
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