Dickinson v. Dickinson
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Clearfield county: No. 249, to January Term 1865. Tbis was an issue devisavit vel non, directed, September 28th 1864, by the Begister’s Court to try the validity of the will of Julia Dickinson, deceased. John Dickinson, a son, the principal legatee and executor, was the plaintiff, and Abel S. Dickinson, another son, the defendant.
Read the full summary
Error to the Court of Common Pleas of Clearfield county: No. 249, to January Term 1865. Tbis was an issue devisavit vel non, directed, September 28th 1864, by the Begister’s Court to try the validity of the will of Julia Dickinson, deceased. John Dickinson, a son, the principal legatee and executor, was the plaintiff, and Abel S. Dickinson, another son, the defendant. The decedent was the wife of Abel Dickinson; on the 24th of December 1863 she executed the paper writing in controversy. It was witnessed by Gr. W. Caldwell and E. A. Wright. She bequeathed to her husband the interest of her…
1Opinion of the Court
The opinion of the court was delivered, May 12th 1869, by
Agnew, J.
The first two assignments of error are not sustained. Henrietta Stroup, the witness, had not testified to facts fairly indicative of mental incapacity, and therefore no sufficient ground was laid to make her opinion competent evidence.
The decisions in this state certainly are, however, as claimed by the plaintiff in error, that when a witness, not a subscribing witness to the will, has testified to facts of his own knowledge tending to show want of testamentary capacity, he may be permitted to add his own opinion. To the cases…
2Cited by12 opinions
- Cohen WillSupreme Court of Pennsylvania · 1971
- Miller's EstateSupreme Court of Pennsylvania · 1894
- Cooley v. HoustonSupreme Court of Pennsylvania · 1911
- White's EstateSupreme Court of Pennsylvania · 1918
- Owens AppealSuperior Court of Pennsylvania · 1950
7 more not listed; retrieve them via the Exa API.