Havard v. Davis
Supreme Court of Pennsylvania
IN ERROR. RROR to the Common Pleas of Chester county. This was an issue directed by the Register’s Court, to try whether a certain paper writing, dated the 19th of September 1806, was the last will and testament of Samuel Havard, or not. The defendant in error, who was plaintiff below, was a principal devisee in this will.
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IN ERROR. RROR to the Common Pleas of Chester county. This was an issue directed by the Register’s Court, to try whether a certain paper writing, dated the 19th of September 1806, was the last will and testament of Samuel Havard, or not. The defendant in error, who was plaintiff below, was a principal devisee in this will. Upon the trial of the issue, the will in question, which contained in it a clause revoking all former wills, was proved ^y the oath of John Davis one of the subscribing witnesses; * " the signature of Benjamin Torbert the other witness,-who died before the trial, was proved…
1Opinion of the Court
Tilghman C. J.
The points which arise in this cause are stated in the bill of exceptions. It was an issue from the Register’s Court, to try the validity of a writing exhibited as the last will and testament of Samuel Havard deceased, *414dated 19th September 1806. The plaintiff below, John H. Davis, in support of the will, examined the subscribing, witnesses- and others. The defendant then examined witnesses, who proved that the testator made another will dated-August 1806; that this will was in existence a few days before the death of the testator; and that subsequent to the making of the will of…
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