Boyd v. Eby
Supreme Court of Pennsylvania
ERROR to the common pleas of Cumberland county. Samuel Boyd, William Boyd and others, against Jason W. Eby and The Associate Synod of North America. Reigned issue of devisavit vel non to try the validity Of the will of James Neal, deceased. Upon the trial, the plaintiffs offered in evidence a letter of Jason W. Eby, dated the 10th of March 1838, to Robert Slemmens, one of the plaintiffs, for the purpose of showing his opinion of the condition of the testator at that period.
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ERROR to the common pleas of Cumberland county. Samuel Boyd, William Boyd and others, against Jason W. Eby and The Associate Synod of North America. Reigned issue of devisavit vel non to try the validity Of the will of James Neal, deceased. Upon the trial, the plaintiffs offered in evidence a letter of Jason W. Eby, dated the 10th of March 1838, to Robert Slemmens, one of the plaintiffs, for the purpose of showing his opinion of the condition of the testator at that period. The defendants objected, 1. Because the declarations of one legatee in a will are not evidence in an issue to try its…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
By the codicil, one-half of the residue of the per*69sonal property is .bequeathed to the Associate Synod of-North America, and the other half to Jason W. Eby, and a devise in the will of one-fourth of an acre of land to the testator’s servant, Ann, is revoked. Jason W. Eby and the Associate Synod of North America- are plaintiffs in this feigned issue of devisavit vel non, in relation to the codicil, and the defendants, for the purpose of establishing the incapacity of the testator to make the codicil, offered in evidence a letter written by…
2Cases cited3 opinions
- Spence v. SpenceSupreme Court of Pennsylvania · 1835
- Bovard v. WallaceSupreme Court of Pennsylvania · 1818
- Nussear v. ArnoldSupreme Court of Pennsylvania · 1825
3Cited by20 opinions
- Potts v. HouseSupreme Court of Georgia · 1849
- McMillan v. McDillIllinois Supreme Court · 1884
- In re the Probate of Two Papers Propounded as the Last Will & Testament of FormanNew York Supreme Court · 1869
- Robinson v. RobinsonSupreme Court of Pennsylvania · 1902
- Kinne v. JohnsonNew York Supreme Court · 1869
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