Tawney v. Long
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Adams county: Of May Term 1874, No. 64. This was an issue framed October 21st 1872, to try whether a certain paper writing was the will of John Bowman, deceased. In the issue, John E. Tawney, the executor of the will, was plaintiff and Henry Long and Hannah Long, his wife, and daughter of the decedent, were defendants.
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Error to the Court of Common Pleas of Adams county: Of May Term 1874, No. 64. This was an issue framed October 21st 1872, to try whether a certain paper writing was the will of John Bowman, deceased. In the issue, John E. Tawney, the executor of the will, was plaintiff and Henry Long and Hannah Long, his wife, and daughter of the decedent, were defendants. The questions in the issue were: whether the decedent was of sound mind, &c., when he executed the paper; whether its execution was pi’ocured by duress; whether it was procured by fraud and imposition on the decedent; whether it was…
1Opinion of the CourtJustice Gordon
It is quite probable that in October 1871, the mind of John Bowman was so unsound as to be incapable of properly disposing of his estate by will. At all events there was evidence thereof sufficient to submit to a jury. On this branch of the case the ruling of the court was strictly correct. Not so, however, on that which relates to the question of undue influence, as an operative cause affecting the old man in the disposition of his property.
The evidence offered for this purpose was wholly insuflicient, and should have been rejected.
In treating of this branch of the case, we must treat of it…
2Cited by14 opinions
- Phillips' EstateSupreme Court of Pennsylvania · 1914
- Williams v. McCarrollSupreme Court of Pennsylvania · 1953
- Llewellyn's EstateSupreme Court of Pennsylvania · 1929
- Herster v. HersterSupreme Court of Pennsylvania · 1889
- Thompson WillSupreme Court of Pennsylvania · 1956
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