Flintham v. Bradford
Supreme Court of Pennsylvania
Certificate from tbe Nisi Prius. Feb. 13,-14. This was an ejectment by one of the heirs of Thomas Bradford the elder; and the question was, whether a will of said Thomas, dated in 1821, and which had been revoked by a will made in 1824, had been subsequently revived by the cancellation of the will of 1824, and whether the parol evidence offered was admissible or competent to rebut the presumption of an intent to revive it.
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Certificate from tbe Nisi Prius. Feb. 13,-14. This was an ejectment by one of the heirs of Thomas Bradford the elder; and the question was, whether a will of said Thomas, dated in 1821, and which had been revoked by a will made in 1824, had been subsequently revived by the cancellation of the will of 1824, and whether the parol evidence offered was admissible or competent to rebut the presumption of an intent to revive it. The testator died in 1838, having had six children, some of whom died before him — among these was a daughter, Mary Flintham, one of whose children was the present…
1Opinion of the CourtCoulter, J.
The first question is, whether the will of 1821 was restored and revived by the cancellation of the posterior will of 1824.
*90And the second is, whether the evidence offered by the plaintiff below and rejected by the court, ought to have been admitted. These comprise the whole case.
It is- material to observe, that no doubt whatever exists as to the wilful and premeditated intention of destroying or cancelling the will of 1824. That is apparent on the paper itself. There is no allegation, nor the least room for a suggestion, that it was done by accident, mistake, or fraud. There is, therefore, no…
2Cases cited3 opinions
- Lewis v. LewisSupreme Court of Pennsylvania · 1841
- Comfort v. MatherSupreme Court of Pennsylvania · 1841
- Lawson v. MorrisonSupreme Court of the United States · 1792
3Cited by11 opinions
- Burtt WillSupreme Court of Pennsylvania · 1944
- Blackett v. ZieglerSupreme Court of Iowa · 1911
- Ford's EstateSupreme Court of Pennsylvania · 1930
- Collins v. CollinsOhio Supreme Court · 1924
- In re Gould's WillSupreme Court of Vermont · 1900
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