Ottinger v. Ottinger
Supreme Court of Pennsylvania
IN ERROR. Error to the Court of Common Pleas-of Philadelphia county, where judgment was rendered upon a verdict in favour of the defendant below, upon an issue of devisavit vel won,'directed by the Register’s Court, to try whether a paper writing, purporting to be the last will of Isaiah Ottinger, deceased, was his last will, and testament. The verdict was found in favour of the will.
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IN ERROR. Error to the Court of Common Pleas-of Philadelphia county, where judgment was rendered upon a verdict in favour of the defendant below, upon an issue of devisavit vel won,'directed by the Register’s Court, to try whether a paper writing, purporting to be the last will of Isaiah Ottinger, deceased, was his last will, and testament. The verdict was found in favour of the will. John Ottinger, the plaintiff in error,' was plaintiff below; and William Ottinger, defendant below and defendant in error. The plaintiff objected to the admission in evidence of the deposition of Cornelius…
1Opinion of the Court
The opinion of the court was delivered by '
Gibson, C. J.
On a caveat against admitting a will to probate, the proceedings are not strictly between parties, because the decree is conclusive on all the world. But, even were this not so, yet the plaintiff has, by entering an appeal, acknowledged himself to have stood in the relation of a party from the beginning;-, for it is difficult to conceive of the allowance of an appeal on any other condition. The caveat entered by the mother, inured, to the benefit of herself and every other party in interest, and the plaintiff would have been concluded by…
2Cited by3 opinions
- Spence v. SpenceSupreme Court of Pennsylvania · 1835
- Sholly v. DillerSupreme Court of Pennsylvania · 1828
- Orr v. HadleySupreme Court of New Hampshire · 1858