Newlin v. Newlin
Supreme Court of Pennsylvania
In Error. WRIT of error to the Common Pleas of Delaware county. The case was as follows: brought an action of debt on bond, against the executors of Thomas Newlin. At the trial the defendant’s counsel offered as a witness Thomas Speakman; to the competency of whom the counsel for the plaintiff objected, “ in consequence of an interest de- “ rived under the will of the defendant’s testator; the said “ witness being the husband of Edith Speakman, mentioned “ in the said will.”
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In Error. WRIT of error to the Common Pleas of Delaware county. The case was as follows: brought an action of debt on bond, against the executors of Thomas Newlin. At the trial the defendant’s counsel offered as a witness Thomas Speakman; to the competency of whom the counsel for the plaintiff objected, “ in consequence of an interest de- “ rived under the will of the defendant’s testator; the said “ witness being the husband of Edith Speakman, mentioned “ in the said will.” The interest of Edith was derived thus. The testator devised certain parts of his real estate to trustees, to raise out…
1Opinion of the Court
Tilgiiman C. J.
This is an action of debt on a bond, brought by Nathaniel Nexvlin, the defendant in error, against the executors of Thomas Newlin, the plaintiff in error,* in the Court of Common Pleas of Delaware county. On the trial of the cause, the defendants produced Thomas Speakman as a witness, who was objected to by the' plaintiff, as incompetent on account of his wife’s interest in the estate of Thomas Newlin. The defendants, at the time that they produced the witness, offered in evidence a release of himself and his wife of all their interest in the estate of the said Newlin.' The…
2Cited by5 opinions
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