Vernon v. Kirk
Supreme Court of Pennsylvania
Error to the Common Pleas of Philadelphia, This was an issue devisavit vel non, from the Register’s Court of Philadelphia county, upon a paper alleged to be the will of Rachel Dougherty, deceased, in which Frances Vernon, a niece, and one of the heirs at law of the decedent, was plaintiff, and. George Kirk, one of the executors named in the alleged will, defendant.
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Error to the Common Pleas of Philadelphia, This was an issue devisavit vel non, from the Register’s Court of Philadelphia county, upon a paper alleged to be the will of Rachel Dougherty, deceased, in which Frances Vernon, a niece, and one of the heirs at law of the decedent, was plaintiff, and. George Kirk, one of the executors named in the alleged will, defendant. It was alleged that the instrument offered for probate was not the last will and testament of Rachel Dougherty: 1. Because it was not signed by her, nor at her request, in the manner prescribed by law: 2. Because she did not know…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.
— This was an issue of “ devisavit vel non,” sent from the Register’s Court to try whether a certain writing was the will of Rachel Dougherty or not. To the charge of the court five errors are assigned. The signature of the alleged will was “Ezekiel Norman, for Rachel Doherty, at her request;” and .the court below instructed the jury that such a signature was, in form, a sufficient and legal execution of the paper as the will of Rachel Dougherty; and of this the plaintiff in error first complains.
It was only by judicial construction that our…
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