Legal Opinion

Case of Barnet's Appeal

Supreme Court of Pennsylvania

Decided January 10, 1831PublishedCited by 19 opinions

This was an appeal from the decision of the Circuit Court of Northampton County, held by Rogers, Justice, in March, 1830, reversing the decision of the Register’s Court of that county, .as respects their refusal to admit to probate, a paper writing dated the 7th of April,. 1820, offered as the last will and testament of William Barnet, deceased.

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This was an appeal from the decision of the Circuit Court of Northampton County, held by Rogers, Justice, in March, 1830, reversing the decision of the Register’s Court of that county, .as respects their refusal to admit to probate, a paper writing dated the 7th of April,. 1820, offered as the last will and testament of William Barnet, deceased. William Barnet the elder, having died on the 7th of August, 1829, two papers were, on the 11th of the same month, presented to the Register of Northampton County for probate, as his last will and testament. The first of these papers was as follows:…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. J.

The few precedents in cases like the present to be found in the books, afford still fewer principles of general application, and individual cases must therefore stand in some degree on their peculiar circumstances. It seems that nothing has been settled as universally true, but that the animus iestandi must have been present. But it is to ascertain its presence, that determinate principles to interpret the decedent’s acts, are necessary. The certain, and, for the most part, equitable disposition of the law, ought not to be super-ceded but…

2Cases cited3 opinions

  1. Arndt v. ArndtSupreme Court of Pennsylvania · 1815
  2. Plumstead's AppealSupreme Court of Pennsylvania · 1818
  3. Burns v. BurnsSupreme Court of Pennsylvania · 1818

3Cited by19 opinions

  1. Torgerson v. Journal/Sentinel, Inc.Wisconsin Supreme Court · 1997
  2. National Engineering & Contracting Co. v. C & P Engineering & Manufacturing Co.Indiana Court of Appeals · 1997
  3. Fenn v. ReadSupreme Court of Pennsylvania · 1791
  4. Murry v. MurrySupreme Court of Pennsylvania · 1837
  5. Atlanta Gas Light Company v. Federal Power Commission, Cities Service Company and City of McCaysville Georgia, IntervenorsCourt of Appeals for the D.C. Circuit · 1974

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