Reynolds v. Reynolds
Supreme Court of Pennsylvania
in error. Writ of error to the District Court of Lancaster county, in which the case was a feigned issue of devisavit vel non, formed to try the validity of a certain paper set up as the last will and testament of Jacob Reynolds. Much evidence was given on the trial in the court below, as to the state of mind of the alleged testator, and touching other matters now not material.
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in error. Writ of error to the District Court of Lancaster county, in which the case was a feigned issue of devisavit vel non, formed to try the validity of a certain paper set up as the last will and testament of Jacob Reynolds. Much evidence was given on the trial in the court below, as to the state of mind of the alleged testator, and touching other matters now not material. The main question then, and the only one in this court was, whether the alleged will had been duly proved under the act of 1705, by two witnesses, or by one witness, and such circumstances as supplied the want of a…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
Whether the evidence of Emanuel Reynolds might have been left to the jury, had the act of assembly permitted the proof of execution to stand on the testimony of but one witness, is the only question that was proper for the decision of the court. Circumstances tending to lessen his credit were exclusively for the jury; it being sufficient, if they might have found the is*85sue on his testimony as an integral part of the proof required by the act of assembly. The word “ credible” in the English statute of frauds, has, after a long contest, been…
2Cases cited4 opinions
- Eyster v. YoungSupreme Court of Pennsylvania · 1803
- Hock v. HockSupreme Court of Pennsylvania · 1820
- Lewis v. LewisSupreme Court of Pennsylvania · 1821
- State ex rel. Langsdale v. Auditor of Marion CountyIndiana Supreme Court · 1848
3Cited by3 opinions
- Jones v. MurphySupreme Court of Pennsylvania · 1844
- Mullen v. M'KelvySupreme Court of Pennsylvania · 1836
- Clark v. MortonSupreme Court of Pennsylvania · 1835