Lewis v. Lewis
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Bucks county, to whi^h an issue was directed to try the validity of a paper writing, dated July 18th, 1828, purporting to be the last will of John Lewis deceased, in which issue Samuel Lewis was plaintiff, and Thomas Lewis and William Bradshaw defendants. The plaintiff proved the execution of the will, and read it in evidence. There was a codicil dated December 15, 1833, on the same paper with the will.
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ERROR to the Common Pleas of Bucks county, to whi^h an issue was directed to try the validity of a paper writing, dated July 18th, 1828, purporting to be the last will of John Lewis deceased, in which issue Samuel Lewis was plaintiff, and Thomas Lewis and William Bradshaw defendants. The plaintiff proved the execution of the will, and read it in evidence. There was a codicil dated December 15, 1833, on the same paper with the will. Both were in the hand-writing of John Lewis, and signed by him. On the margin of the will was written the word “ obsolete,” which was proved by two witnesses to be…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The testator wrote his will in July 1828, and revived it in December 1833, by a codicil written on the same paper. When the will came to be examined, it was found that the testator had written on the margin of the first page, opposite to one of the clauses in the will, the word “ obsolete.” Whether this word referred to the whole will, or only to the clause opposite to which it was written, might perhaps be doubtful; but that would be a different question from the one now brought before us, and therefore it is unnecessary to say more…
2Cited by19 opinions
- Evans's AppealSupreme Court of Pennsylvania · 1868
- Will of LaddWisconsin Supreme Court · 1884
- Hoitt v. HoittSupreme Court of New Hampshire · 1885
- McPherson v. ClarkNew York Surrogate's Court · 1854
- Flintham v. BradfordSupreme Court of Pennsylvania · 1848
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