Patterson v. Patterson
Supreme Court of Pennsylvania
THIS was a writ of error to the Common Pleas of York _ _ county, in an issue of devisavit vel non, formed to try the validity of a paper set up as the last will of John Patterson, deceased, in which several bills of exceptions to the 7 7 1 mission of evidence, were sealed by the Court, and ed with the record.
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THIS was a writ of error to the Common Pleas of York _ _ county, in an issue of devisavit vel non, formed to try the validity of a paper set up as the last will of John Patterson, deceased, in which several bills of exceptions to the 7 7 1 mission of evidence, were sealed by the Court, and ed with the record. After the plaintiff below, who was also the plaintiff in error, had gone through his evidence, the defendant, who was the testator’s widow, to whom he only bequeathed, “ her gold watch, with all her wearing apparel, her saddle and bridle, and her spinning wheel and reel,” while he gave…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson J.
Where a will is impeached for imbecility o£ mind in the testator, together with fraudulent practices by the devisees, the intrinsic evidence of the will itself, arising from the unreasonableness or injustice of its provisions, taking into view the state of the testator’s property, family, and the claims of particular individuals, is competent and proper for the consideration of the jury. The issue of devisavit ~oel non involves the validity of the execution, and not the contents ; yet the contents, as far as they have a bearing on the question…
2Cited by3 opinions
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- Baker v. LewisSupreme Court of Pennsylvania · 1834