Legal Opinion

M'Cully v. Barr

Supreme Court of Pennsylvania

Decided September 23, 1828PublishedCited by 2 opinions

APPEAL. Appeal from the decision of Htjston, J., holding a Circuit Court in Pittsburg. 1 This case was as follows: — The late Captain N. Irish of Pitts-burg,' made a will in 1809; on the death of a son he made another will, dated in 1813, and regularly cancelled the first.

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APPEAL. Appeal from the decision of Htjston, J., holding a Circuit Court in Pittsburg. 1 This case was as follows: — The late Captain N. Irish of Pitts-burg,' made a will in 1809; on the death of a son he made another will, dated in 1813, and regularly cancelled the first. Both these papers were entirely in the hand-writing of the testator, and it was under the latter (which was-admitted .to be his will, unless a subsequent paper, dated the 7th of November, 1814, was a.valid will,) the plaintiff claimed a house and lot, for w’hich this suit was brought. ■ ' The eyidence disclosed, that in…

1Opinion of the Court

The opinion of the court was delivered by

Gibson, C. J.

Evidence of what Mr. Mountain testified -in an •action between other parlies, was incompetent in the action trying; and the testimony of Hays, therefore, w,as properly overruled..

The letter’of Adamson Tanyhill, purporting-to be in a-iswer to one alleged to have been wriiten by' the testator, was not competent evidence of the contents of the supposed letter, or of its having in fact ever existed; and this, though' there were proof that thfe testator had written a letter to some one about the particular time. It is a fundamental rule, that…

2Cases cited1 opinion

  1. Alexander v. JamesonSupreme Court of Pennsylvania · 1812

3Cited by2 opinions

  1. Spence v. SpenceSupreme Court of Pennsylvania · 1835
  2. Sholly v. DillerSupreme Court of Pennsylvania · 1828

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