Gardner v. Gardner
Supreme Court of Pennsylvania
Appeal, No. 237, Oct. T., 1895, by defendants, from judgment of O. P. Clarion Co., Nov. T., 1894, No. 308, on verdict for plaintiffs. Issue to determine whether or not a will had been revoked by the testator.
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Appeal, No. 237, Oct. T., 1895, by defendants, from judgment of O. P. Clarion Co., Nov. T., 1894, No. 308, on verdict for plaintiffs. Issue to determine whether or not a will had been revoked by the testator. Before Clabk, P. J. At the trial it appeared that the issue was framed as follows: The plaintiffs’ averment, viz: “ That the last will and testament of Lot Gardner, deceased, executed by him on the 6th day of November, 1889, was not canceled or destroyed by him animo revocandi ” shall stand as a declaration, and the averment of the defendants, to wit: “ That the said will was canceled or…
1Opinion of the Court
Pee Curiam,
We find nothing in this record that would justify us in sustaining either of the assignments of error; nor, do we think that any of the questions therein presented require special notice. The case was carefully tried and fairly submitted to the jury, and their verdict in favor of the plaintiffs should not be disturbed.
Judgment affirmed.
2Cited by16 opinions
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- Bates's EstateSupreme Court of Pennsylvania · 1926
- Bradway v. ThompsonSupreme Court of Arkansas · 1919
- Ewing v. McIntyreMichigan Supreme Court · 1905
- Murray WillSupreme Court of Pennsylvania · 1961
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