Mullen v. M'Kelvy
Supreme Court of Pennsylvania
ERROR to the district court of Alleghany county. This was an action of ejectment by William Mullen and his wife, against Samuel M’Kelvy for the undivided half of six acres of land, in the northern liberties of Pittsburgh.. The only question in the cause, was whether the will of Hugh M’Kelvy was legally proved'. The defendant was a devisee under the will, and the plaintiffs claimed as heirs at law.
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ERROR to the district court of Alleghany county. This was an action of ejectment by William Mullen and his wife, against Samuel M’Kelvy for the undivided half of six acres of land, in the northern liberties of Pittsburgh.. The only question in the cause, was whether the will of Hugh M’Kelvy was legally proved'. The defendant was a devisee under the will, and the plaintiffs claimed as heirs at law. The subscribing witnesses to the will were Thomas Hamilton, who wrote it, and Isaac Walker. The former testified positively to the execution of the will, and all the circumstances attending it: the…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The paper purporting to be the last will and testament of Hugh M’Kelvy appears, not only from its face, but likewise from the evidence, to have been made before the late act of assembly, passed on the subject of wills in 1833-4; though M’Kelvy is admitted to have died afterwards. It is also admitted that the execution of the instrument must be judged of by the law as it stood at the time of its execution, and not at the time of the death of the testator. In support of this latter admission, the following authorities have been cited by the…
2Cases cited5 opinions
- Lessee of Galbreath v. EichelbergerSupreme Court of Pennsylvania · 1803
- Hock v. HockSupreme Court of Pennsylvania · 1820
- Hoy v. HansboroughMississippi Chancery Courts · 1844
- Reynolds v. ReynoldsSupreme Court of Pennsylvania · 1827
- Lewis v. LewisSupreme Court of Pennsylvania · 1821
3Cited by10 opinions
- Barker v. HintonWest Virginia Supreme Court · 1907
- Lane's Appeal from ProbateSupreme Court of Connecticut · 1889
- Hays v. HardenSupreme Court of Pennsylvania · 1847
- Packer v. PackerSupreme Court of Pennsylvania · 1897
- Gable's Executors v. DaubSupreme Court of Pennsylvania · 1862
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