Legal Opinion

Lewis v. Lewis

Supreme Court of Pennsylvania

Decided April 28, 1821PublishedCited by 2 opinions

In Error. A FEIGNED issue having been directed by the Register’s Court to the Court of Common Pleas of Chester county, to try the validity of an instrument of writing • , J , , , ~ , -r . , porting to be the last will and testament of Jacob Lewis, deceased, the trial took place on the 10th November, 1819, when the presiding Tudge delivered the following charge to the • »• i * r i i r 6 t ¶ • »rr % jury, which, at the request of the counsel for the plaintiff, he filed of…

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In Error. A FEIGNED issue having been directed by the Register’s Court to the Court of Common Pleas of Chester county, to try the validity of an instrument of writing • , J , , , ~ , -r . , porting to be the last will and testament of Jacob Lewis, deceased, the trial took place on the 10th November, 1819, when the presiding Tudge delivered the following charge to the • »• i * r i i r 6 t ¶ • »rr % jury, which, at the request of the counsel for the plaintiff, he filed of record. As it contains a statement of all the material facts in the cause, it is inserted at length. Charge.—“ The question…

1Opinion of the Court

The opinion of the Court was delivered by

Duncan, J.

Wills in writing must be proved by two witnesses. This instrument, purporting to be the last will and testament of Jacob Lewis, was proved by three subscribing witnesses; one of whom, and his character, was unimpeachcd, and his testimony unco'ntradicted, proved that the will was dictated by the testator, put in writing in form by his direction, read to hint paragraph by paragraph, and approved of by him, as being conformable entirely to his directions. This was the requisite proof. The execution was *495legally proved ; the instrument duly…

2Cited by2 opinions

  1. Mullen v. M'KelvySupreme Court of Pennsylvania · 1836
  2. Reynolds v. ReynoldsSupreme Court of Pennsylvania · 1827

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