Sholly v. Diller
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Cumberland county. This was a feigned issue of devisavit vel non, to try the validity of a paper writing, purporting to be the last will and testament of Ludwich Bucher, deceased.
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Error to the Court of Common Pleas of Cumberland county. This was a feigned issue of devisavit vel non, to try the validity of a paper writing, purporting to be the last will and testament of Ludwich Bucher, deceased. The plaintiff in error was defendant below. ' The plaintiff offered in evidence the paper writing, purporting to be the will of the said Ludwich Bucher, deceased, with the probate endorsed, taken by the register, and upon which letters had issued before the appeal to the Register’s Court. This was objected to by the defendant’s counsel, on the ground, “1. That this was a feigned…
1Opinion of the Court
The opinion of the court (Rogers, J. dissenting,) was delivered by
Gibson, C. J.
— Wills are proved here, neither in common form, by the oath of the executor, nor in solemn form, per testes, on notice to the parties; but in an intermediate manner, by witnesses without notice to any one. Proof in solemn form is seldom made, even in England, unless at the instance- of a party opposed to the will, and I feel confident there never has been an instance of it in Pennsylvania. Where the will is contested, which is done by a caveat, and no issue is directed, the matter is determined by the Register’s…
2Cases cited4 opinions
- Alexander v. JamesonSupreme Court of Pennsylvania · 1812
- Cowden v. ReynoldsSupreme Court of Pennsylvania · 1825
- Ottinger v. OttingerSupreme Court of Pennsylvania · 1828
- M'Cully v. BarrSupreme Court of Pennsylvania · 1828
3Cited by6 opinions
- Szmahl's EstateSupreme Court of Pennsylvania · 1939
- Plotts' EstateSupreme Court of Pennsylvania · 1938
- Spence v. SpenceSupreme Court of Pennsylvania · 1835
- Hilderbrand v. National Electrical Benefit FundDistrict Court, C.D. Illinois · 2014
- Plotts' EstatePennsylvania Orphans' Court, Philadelphia County · 1938
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