Charles v. Huber
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lancaster county: Of May Term 1875, No. 94. This was a feigned issue, in which Henry Charles and others were plaintiffs, and Benjamin Huber and others, defendants, entered October 13th 1873, to try the validity of a paper writing purporting to be the will of Henry Charles, deceased. The paper was dated November 31st 1868, was signed by Henry Charles, with a seal, and witnessed by “ W. Carpenter and A. E. Carpenter.”
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Error to the Court of Common Pleas of Lancaster county: Of May Term 1875, No. 94. This was a feigned issue, in which Henry Charles and others were plaintiffs, and Benjamin Huber and others, defendants, entered October 13th 1873, to try the validity of a paper writing purporting to be the will of Henry Charles, deceased. The paper was dated November 31st 1868, was signed by Henry Charles, with a seal, and witnessed by “ W. Carpenter and A. E. Carpenter.” It was admitted to probate by the register of wills on the 1st of September 1873, upon the ordinary testimony, of W. Carpenter, one of the…
1Opinion of the Court
Judgment was entered in the Supreme Court, May 17th 1875,
2Per curiam
The paper admitted to probate was the altered will. It was proved by two witnesses only. When one of the subscribing witnesses testified, on the trial of the issue devisavit vel non, that the paper thus admitted on the primá. facie proof, was altered after he subscribed the will, he contradicted the prim$ facie evidence of the probate, which left the altered paper unproved, and standing on the testimony of the other subscribing witness only, who was dead. The altered will was therefore without proof. The will as it stood before…
3Cited by3 opinions
- Simrell'S EstateSupreme Court of Pennsylvania · 1893
- Yost v. MenschSupreme Court of Pennsylvania · 1891
- Winings v. HearstSuperior Court of Pennsylvania · 1901