Loy v. Kennedy
Supreme Court of Pennsylvania
WRIT of error to the Common Pleas of Perry county.- Stewart Kennedy, Harvey Segraves, and Henry D. Maxwell, brought an ejectment in Perry county against Jacob Loy, John Koch, and James Everhart, for 75 acres of land.
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WRIT of error to the Common Pleas of Perry county.- Stewart Kennedy, Harvey Segraves, and Henry D. Maxwell, brought an ejectment in Perry county against Jacob Loy, John Koch, and James Everhart, for 75 acres of land. The plaintiffs showed a warrant, survey, and patent to Hugh Ferguson, and then offered a copy of his will, dated 31st of May 1830, which was objected to, that the original probate of the will is not sufficient ; it is only proved by one witness; that the deposition made by Elizabeth Connell, who was Elizabeth Pennock, before a justice of the peace, is insufficient, because the…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
The 5th section of the Act of the 15th of March 1832, enacts that every register shall have jurisdiction within the county for which he shall have been appointed, of the probate of wills and testaments. The 13th and 25th sections provide the mode of proceeding when objections are made, or caveats entered, and the 31st section enacts that from all judicial acts and decisions of the registers, appeals may be taken to the Register’s Court. In the performance of, this duty, the register is a judge, and admitting the will to probate is a judicial…
2Cases cited1 opinion
- Logan v. WattSupreme Court of Pennsylvania · 1819
3Cited by9 opinions
- Zeigler v. StoreySupreme Court of Pennsylvania · 1908
- Bowman's AppealSupreme Court of Pennsylvania · 1869
- Broe v. BoyleSupreme Court of Pennsylvania · 1885
- Miller v. MeetchSupreme Court of Pennsylvania · 1848
- Leckey v. CunninghamSupreme Court of Pennsylvania · 1868
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