Yardley v. Cuthbertson
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Philadelphia county : Of January Term, 1883, No. 382. This was an issue devisavit vel non, framed by order of the said court, upon a precept issued from the Orphans’ Court of Philadelphia county, to' determine the following questions, viz.: 1. Whether a certain writing dated December 2d, A. D. 1876, is a codicil to the will of said John L. Neill, deceased. 2. Whether, at the time of the making of said alleged codicil, the said…
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Error to the Court of Common Pleas, No. 1, of Philadelphia county : Of January Term, 1883, No. 382. This was an issue devisavit vel non, framed by order of the said court, upon a precept issued from the Orphans’ Court of Philadelphia county, to' determine the following questions, viz.: 1. Whether a certain writing dated December 2d, A. D. 1876, is a codicil to the will of said John L. Neill, deceased. 2. Whether, at the time of the making of said alleged codicil, the said John L. Neill was of sound disposing mind, memory, and understanding. 3. Whether the said alleged codicil was produced by…
1Opinion of the CourtJustice Green
The first assignment of error relates to the form of the issue. The precept from the Orphans’ Court directed an issue to be-formed to determine- — ■
“First. Whether the said certain writing dated December 2d, a. d. 1876, is a codicil to the will of said John L. Neill deceased.
Second. Whether at the time of the maldng of said alleged codicil the said John L. Neill was of sound disposing mind, memory and understanding.
Third. Whether the alleged codicil was produced by undue influence, fraud, imposition or duress.”
Under this order pleadings were filed consisting of a narr. with three counts, each…
2Cases cited8 opinions
- Dexter v. HallSupreme Court of the United States · 1873
- Kempsey v. McGinnissMichigan Supreme Court · 1870
- Getchell v. HillSupreme Court of Minnesota · 1875
- Fairchild v. BascombSupreme Court of Vermont · 1862
- State v. LautenschlagerSupreme Court of Minnesota · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Pusey's EstateSupreme Court of Pennsylvania · 1935
- Phillips' EstateSupreme Court of Pennsylvania · 1914
- Commonwealth v. MarshallSupreme Court of Pennsylvania · 1926
- Howarth v. Adams Express Co.Supreme Court of Pennsylvania · 1921
- Kozak v. StruthSupreme Court of Pennsylvania · 1987
43 more not listed; retrieve them via the Exa API.