Legal Opinion

Jones v. Murphy

Supreme Court of Pennsylvania

Decided December 15, 1844PublishedCited by 15 opinions

ERROR to the Common Pleas of Philadelphia County. This was a feigned issue to try the validity of a certain instrument of writing dated I6th April 1837, purporting to be the last will and testament of Peter Shade deceased, in which Daniel R. Murphy and James Green, executors of the estate of Peter Shade deceased, were plaintiffs, and Thomas Jones and Maria his wife, daughter and heiress of said Peter Shade, defendants.

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ERROR to the Common Pleas of Philadelphia County. This was a feigned issue to try the validity of a certain instrument of writing dated I6th April 1837, purporting to be the last will and testament of Peter Shade deceased, in which Daniel R. Murphy and James Green, executors of the estate of Peter Shade deceased, were plaintiffs, and Thomas Jones and Maria his wife, daughter and heiress of said Peter Shade, defendants. The instrument in question was as follows: I, Peter Shade, of the county of Philadelphia, gentleman, do make and publish this as my last will and testament in manner and form…

1Opinion of the Court

The opinion of the Court was delivered by

Rogers, J.

This is a feigned issue to try the validity of a certain instrument of writing dated the 16th April 1837, purporting to be the last will and testament of Peter Shade, deceased.

The defendants deny it to be his last will, because they aver that the testator after that date, viz. on or about the 17th June 1837, made another will,, different in its dispositions, revoking all former wills, and that said will was destroyed, or suppressed by fraud. If the defendants can substantiate the truth of this statement, the paper writing of the- 16th April…

2Cases cited6 opinions

  1. Betts v. Jackson ex dem. BrownCourt for the Trial of Impeachments and Correction of Errors · 1830
  2. Lawson v. MorrisonSupreme Court of the United States · 1792
  3. Eyster v. YoungSupreme Court of Pennsylvania · 1803
  4. Clark v. MortonSupreme Court of Pennsylvania · 1835
  5. Reynolds v. ReynoldsSupreme Court of Pennsylvania · 1827

1 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Price v. MaxwellSupreme Court of Pennsylvania · 1857
  2. Frew v. ClarkeSupreme Court of Pennsylvania · 1876
  3. Melville's EstateSupreme Court of Pennsylvania · 1914
  4. In re the Probate of the Will of CunninghamSupreme Court of Minnesota · 1888
  5. Holt EstateSupreme Court of Pennsylvania · 1961

10 more not listed; retrieve them via the Exa API.

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