In re the alleged nuncupative will of Yarnall
Supreme Court of Pennsylvania
This case came before the court on an appeal from the decree of the Circuit Court of Chester county. On the 23d of April, 1831, a paper writing purporting to be the nuncupative will of Priscilla E. Yarnall, deceased, was exhibited for probate by Walker Yarnall, a legatee and devisee under the will, in the office of-the Register for the probate of wills, and granting letters of administration in and for the county of Chester.
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This case came before the court on an appeal from the decree of the Circuit Court of Chester county. On the 23d of April, 1831, a paper writing purporting to be the nuncupative will of Priscilla E. Yarnall, deceased, was exhibited for probate by Walker Yarnall, a legatee and devisee under the will, in the office of-the Register for the probate of wills, and granting letters of administration in and for the county of Chester. The Register, after having examined the evidence and heard counsel, decreed that the alleged nuncupative will could, not be admitted to probate, and dismissed the…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
The papers purporting to be the nuncupative will of Priscilla E. Yarnall, are opposed on four grounds:—
1. They are not proved by the requisite number of witnesses. 2. There is an absence of the animus testandi. 3. Because the witnesses do not agree as to what the will is. And, 4. That the will was not made in the time of the last sickness of the deceased.
The act of 1705, (which is in no respect different from the statute 29 Charles, except in the number of witnesses which is required) enacts, that no nuncupative will shall be good, where the…
2Cited by27 opinions
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- Estate of WileySupreme Court of Pennsylvania · 1898
- Mitchell v. VickersTexas Supreme Court · 1857
- Baird v. BairdSupreme Court of Kansas · 1905
- Boyer v. FrickSupreme Court of Pennsylvania · 1842
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