McCormick v. McCormick
Supreme Court of Pennsylvania
Appeal, No. 51, Oct. T., 1899, by defendants, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1898, No. 773, on verdict for plaintiffs. Issue devisavit vel non. Before White, P. J. The court charged as follows: Joseph S. McCormick owned a farm in Robinson township of this county, where he lived. It seems he was a bachelor. On December 5,1896, he took sick, and continued to get worse until December 24, when he died of typhoid fever, turning in the end'towards pneumonia.
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Appeal, No. 51, Oct. T., 1899, by defendants, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1898, No. 773, on verdict for plaintiffs. Issue devisavit vel non. Before White, P. J. The court charged as follows: Joseph S. McCormick owned a farm in Robinson township of this county, where he lived. It seems he was a bachelor. On December 5,1896, he took sick, and continued to get worse until December 24, when he died of typhoid fever, turning in the end'towards pneumonia. According to the papers here he had an estate of about $4,000 of personalty, and real estate, over and.above any…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
This is an issue devisavit vel non on a paper purporting to be the will of Joseph S. McCormick, wholly in the handwriting of a third person, including the testator’s name, but claimed to have been written in testator’s presence and at his dictation, and signed by the witness for him at his request, he being too weak and nervous to sign it himself, but touching the pen while his name was written.
On the issues directed by the orphans’ court the jury found specifically first, that there was no undue influence, fraud or imposition used to procure the execution of…
2Cited by8 opinions
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- Fleming's EstateSupreme Court of Pennsylvania · 1919
- Cressman EstateSupreme Court of Pennsylvania · 1943
- Central Trust Co. v. BoyerSupreme Court of Pennsylvania · 1932
- Roberts v. ClemensSupreme Court of Pennsylvania · 1902
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