Daniel v. Daniel
Supreme Court of Pennsylvania
Error to the Common Pleas of Northampton county. This was a feigned issue upon a precept from the Register’s Court, to try certain disputed facts relating to a paper writing, purporting to be the last will and testament of John Daniel, deceased, in which Robert Daniel, William Lerch and Catharine his wife, late Catharine Daniel; Daniel Rudolph and Matilda his wife, late Matilda Daniel; Joseph Daniel, and Owen Leopold and Maria his wife, late Maria Daniel, were plaintiffs:…
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Error to the Common Pleas of Northampton county. This was a feigned issue upon a precept from the Register’s Court, to try certain disputed facts relating to a paper writing, purporting to be the last will and testament of John Daniel, deceased, in which Robert Daniel, William Lerch and Catharine his wife, late Catharine Daniel; Daniel Rudolph and Matilda his wife, late Matilda Daniel; Joseph Daniel, and Owen Leopold and Maria his wife, late Maria Daniel, were plaintiffs: and William Daniel, Charles Daniel, and Ephraim Daniel, were defendants. John Daniel died some time in September 1859,…
1Opinion of the Court
The opinion of the court was delivered,
by Woodward, J.
The issue was devisavit vel non. The paper, purporting to be the last will of John Daniel, deceased, was assailed by the plaintiffs on two grounds: first, on the ground that he was so imbecile and idiotic as to be incapable of making a will; and, secondly, that the will was procured from him through undue influence and imposition exercised by his brother, Charles Daniel, who is one of the executors and principal legatees.
After a great deal of evidence was given on both sides, the court withdrew the second of the above questions from the…
2Cited by5 opinions
- Masciantonio WillSupreme Court of Pennsylvania · 1958
- INGALLS, OF ESTATE OF INGALLS v. Trustees of Mt. Oak Methodist ChurchCourt of Appeals of Maryland · 1966
- Miller v. OestrichSupreme Court of Pennsylvania · 1893
- Commonwealth ex rel. Ziccardi v. Hendricks, Pennsylvania Court of Common Pleas, Philadelphia County1964
- Estate of Scott, Superior Court of California, County of San Francisco1898