Long v. Zook
Supreme Court of Pennsylvania
Error, to the Common Pleas of Bedford county. This was an issue of devisavit vel non, from the Register’s Court of Bedford county, on an instrument of writing, purporting to be the last will and testament of David Long, deceased. Jacob Long, plaintiff vs. Elias L. Zook. August 80, 1849, jury called. Plaintiff produces a paper purporting to be the will oí David Long. (Signed) his Jacob m Long, [seal.] mark.
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Error, to the Common Pleas of Bedford county. This was an issue of devisavit vel non, from the Register’s Court of Bedford county, on an instrument of writing, purporting to be the last will and testament of David Long, deceased. Jacob Long, plaintiff vs. Elias L. Zook. August 80, 1849, jury called. Plaintiff produces a paper purporting to be the will oí David Long. (Signed) his Jacob m Long, [seal.] mark. It was dated on the 26th December, 1844. “ Signed, sealed, published and declared by the above David Long to be his last will and testament, in the presence of the undersigned, who at his…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
If the execution of tMs will stood on the act of .1833, it would be imperfect; for though there was proof by one witness, and, on the principle of Greenough vs. Greenough, the attestation of another might stand for proof by him that the name actually signed was written by the testator’s direction, it is not the name of the testator himself; and that was a part of the signature which could not be supplied with the name of a stranger accidentally substituted for it. It may have been hard that a blunder of the penman should deprive a testator…
2Cases cited1 opinion
- Stricker v. GrovesSupreme Court of Pennsylvania · 1840
3Cited by6 opinions
- Estate of KnoxSupreme Court of Pennsylvania · 1890
- Reed v. Hendrix'sCourt of Appeals of Kentucky · 1918
- Hartwell v. Mobile Towing & Wrecking Co.Supreme Court of Alabama · 1924
- Rhodes WillSupreme Court of Pennsylvania · 1960
- Krug v. KellerSuperior Court of Pennsylvania · 1898
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