Hays v. Harden
Supreme Court of Pennsylvania
In error.from'the District Court of Allegheny county. Sept. 17.' This was an ejectment by Hays,-claiming as' devisee of John Hays, in which the question was whether 'there was a will properly proved. On the trial before Lowrie, J., the plaintiff offered in evidence-a written document purporting to be the will of John Hays.
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In error.from'the District Court of Allegheny county. Sept. 17.' This was an ejectment by Hays,-claiming as' devisee of John Hays, in which the question was whether 'there was a will properly proved. On the trial before Lowrie, J., the plaintiff offered in evidence-a written document purporting to be the will of John Hays. This contained a recital, then a clause appointing executors and directing'the payment of debts, then a qlaiise devising “ all my leasehold estate to Abraham Hays, (the plaintiff,) witness my hand and seal,' this 26th September, 1844. “John IIays, [l. s.]” Then followed a…
1Opinion of the Court
Gibson,. C. J.
As the argument for the defendants in error in support of the principal point, is founded on the peculiar provisions of the present statute of wills, it is; necessary to 'compare it with its predecessor." The act of 1705 provides that wills off land, “ proved by two or more credible witnesses on their solemn affirmation, or by other legal proof,” should-be good and available in law. The adjunct of pther legal proof was not intended tó be. in any thing a substitute for the testimony of the two witnesses; but, without expressly conceding the morality of a judicial oath, to let it…
2Cases cited2 opinions
- Mullen v. M'KelvySupreme Court of Pennsylvania · 1836
- Hay v. GrahamSupreme Court of Pennsylvania · 1844
3Cited by12 opinions
- Noyes v. GerardMontana Supreme Court · 1910
- Churchill's EstateSupreme Court of Pennsylvania · 1918
- Brown EstateSupreme Court of Pennsylvania · 1943
- Appeal of WinelandSupreme Court of Pennsylvania · 1888
- Swire's EstateSupreme Court of Pennsylvania · 1909
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