Grabill v. Barr
Supreme Court of Pennsylvania
In error from the Common Pleas of Lancaster county. Nov. 80. This was an issue of devisavit vel non, directed to try whether an instrument in writing, dated the 12th day of August, 1843, was, or was not, the last will and testament of Daniel Keeports ; and in which, John Barr, the defendant in error, was plaintiff, and Levi. Grabill and Fanny Grabill, the plaintiffs in error, were defendants.
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In error from the Common Pleas of Lancaster county. Nov. 80. This was an issue of devisavit vel non, directed to try whether an instrument in writing, dated the 12th day of August, 1843, was, or was not, the last will and testament of Daniel Keeports ; and in which, John Barr, the defendant in error, was plaintiff, and Levi. Grabill and Fanny Grabill, the plaintiffs in error, were defendants. The plaintiff averred, that the instrument was the will of Daniel Keeports; tbe defendants denied the averment. The questions raised in the court below, on the trial of the issue before Lewis, P. J.,…
1Opinion of the CourtCoulter, J.
The issue, as stated in the paper books, *444is a.s follows: “ The plaintiff avers that the instrument of the 12th of August, 1843, is the last will and testament of Daniel Kceports; defendants plead that it is not.”
The issue involves the legal execution of the will as well as the sanity of the testator at the time of its alleged execution. The court instructed the jury as follows: “ It is sufficiently shown that Daniel Keeports executed the paper. The question, therefore, depends upon his capacity to make a will at the time he affixed his mark to the paper,” and this is assigned as the first…
2Cases cited3 opinions
- Stricker v. GrovesSupreme Court of Pennsylvania · 1840
- Cavett's AppealSupreme Court of Pennsylvania · 1844
- Dunlop v. DunlopSupreme Court of Pennsylvania · 1840
3Cited by10 opinions
- Estate of KnoxSupreme Court of Pennsylvania · 1890
- James' EstateSupreme Court of Pennsylvania · 1938
- Armendariz De Acosta v. CadenaCourt of Appeals of Texas · 1914
- Estate of Mary Jane WilsonSuperior Court of Pennsylvania · 1926
- Rhodes WillSupreme Court of Pennsylvania · 1960
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