Morgan's Estate
Supreme Court of Pennsylvania
Appeal, No. 62, Oct. T., 1907, by Jennie M. Lang et al., from decree of O. C. Washington Co., Nov. T., 1905, No. 36, refusing an issue devisavit vel non in Estate of Samuel P. Morgan, deceased. Appeal from register of wills. The opinion of the Supreme Court states the case. Error assigned was refusal to award an issue devisavit vel non.
1Opinion of the Court
Opinion by
Mr. Chief Justice Mitchell,
The first objection of the appellant that the codicil was not legally proved by two witnesses cannot be sustained. The witness McCartney, whose testimony is complained of as insufficient, did not hear the codicil read to the testator, the contents were not known to the witness, nor did he know except by inference that it was a codicil. But it was not necessary that he should have affirmative knowledge on these points. He knew he was there to witness a testamentary paper, he saw the testator sign it and was asked by the testator or by the other witness in…
2Cases cited4 opinions
- Cauffman v. LongSupreme Court of Pennsylvania · 1876
- Kane's EstateSupreme Court of Pennsylvania · 1903
- Mulholland's EstateSupreme Court of Pennsylvania · 1907
- Richmond's EstateSupreme Court of Pennsylvania · 1903
3Cited by14 opinions
- Lawrence's EstateSupreme Court of Pennsylvania · 1926
- Aggas v. MunnellSupreme Court of Pennsylvania · 1930
- Kessler's EstateSupreme Court of Pennsylvania · 1908
- Sturgeon WillSupreme Court of Pennsylvania · 1947
- Brennan's EstateSupreme Court of Pennsylvania · 1933
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