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Supreme Court of Pennsylvania
Appeal from the decree of the Register’s Court of Bucks county, winch set aside the probate of the will of Rachel Carbury. In her will she bequeathed to Henry Wynkoop, the sum of one hundred dollars, and she made him the executor.
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Appeal from the decree of the Register’s Court of Bucks county, winch set aside the probate of the will of Rachel Carbury. In her will she bequeathed to Henry Wynkoop, the sum of one hundred dollars, and she made him the executor. Will dated 1st June, 1848. Henry Wynkoop, the executor, and one of the legatees named in the above will, executed the following instrument, to wit:— In the matter of the estate of Rachel Carbury, deceased: Know all men by these presents, that I, Henry Wynkoop, of the township of Upper Makefield, county of Bucks, and State of Pennsylvania, executor named in the last…
1Opinion of the Court
The opinion of the court was delivered by
Bell, J.
Was Wynkoop, named as executor and legatee in the contested paper, competent to prove its due execution, as a last will ? The Register’s Court thought he was not, and accordingly reversed the decree of the Register, admitting it to probate. Whether this determination was right, is the question.
We have had recently repeated occasion to remark that, in overruling Steele vs. The Phoenix Insurance Company, 3 Bin. 300, and of the cases that followed its lead, the object was to restore the law of evidence, as it stood prior to that determination,…
2Cases cited8 opinions
- Post v. AverySupreme Court of Pennsylvania · 1843
- Union Canal Co. v. YoungSupreme Court of Pennsylvania · 1836
- M'Ilroy v. M'IlroySupreme Court of Pennsylvania · 1829
- Newlin v. NewlinSupreme Court of Pennsylvania · 1815
- Kerns v. SoxmanSupreme Court of Pennsylvania · 1827
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