Wilson v. Mitchell
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Butler county: Of July Term 1883, No. 238. This was a feigned issue devisavit vel non, to test the validity of the alleged will of David Dougal, wherein Lewis Z. Mitchell, executor, trustee and devisee, William Protzman and Catharine, his wife, in her right and William M. Dougal were plaintiffs, and A. P. Wilson, Wm.
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Error to the Court of Common Pleas of Butler county: Of July Term 1883, No. 238. This was a feigned issue devisavit vel non, to test the validity of the alleged will of David Dougal, wherein Lewis Z. Mitchell, executor, trustee and devisee, William Protzman and Catharine, his wife, in her right and William M. Dougal were plaintiffs, and A. P. Wilson, Wm. A. P. Wilson, Caroline Ennis, James Dougal, Helen A. Dougal, Anna D. Wilson, James N. Anderson and Maggie J., his wife in her right, were defendants. The issue was framed to determine: (1) Whether at the time of the execution of his will the…
1Opinion of the CourtJustice Trunkey
The determination of the first question presented in the issue was withdrawn from the jury by the court directing them to find that at the time of the execution of the alleged will, David Dougal was of sound mind and disposing memory. If this ruling was correct, the first four assignments of error cannot be sustained, even if the defendant’s first three points were, sound. In considering whether the question should have been submitted, some well settled principles may first be noted.
A man of sound mind and disposing memory is one who has á full and intelligent knowledge of the act he is…
2Cases cited2 opinions
- Van Alst v. HunterNew York Court of Chancery · 1821
- Stevens v. VancleveU.S. Circuit Court for the District of New Jersey · 1822
3Cited by39 opinions
- Pusey's EstateSupreme Court of Pennsylvania · 1935
- Phillips' EstateSupreme Court of Pennsylvania · 1914
- Null's EstateSupreme Court of Pennsylvania · 1930
- In Re Estate of ClarkSupreme Court of Pennsylvania · 1975
- Lawrence's EstateSupreme Court of Pennsylvania · 1926
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