Carson's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Register’s Court of Fayette county: No. 175, to October and November Term 1868. On the 1st day of May 1867 a writing, purporting to be the will of Thomas Carson, with a codicil, was presented to the register of wills of Fayette county for probate. The will was dated December 5th 1860, and was signed by the testator, by his mark, and witnessed by John Carson and J. K. McDonald. John Carson was a legatee under the will.
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Appeal from the decree of the Register’s Court of Fayette county: No. 175, to October and November Term 1868. On the 1st day of May 1867 a writing, purporting to be the will of Thomas Carson, with a codicil, was presented to the register of wills of Fayette county for probate. The will was dated December 5th 1860, and was signed by the testator, by his mark, and witnessed by John Carson and J. K. McDonald. John Carson was a legatee under the will. One of the provisions of the will was, that the testator’s real estate should be appraised, and that his sons should have the privilege of taking…
1Opinion of the Court
The opinion of the court was delivered, January 4th 1869, by
Williams, J.
The Act of the 8th of April 1833 expressly provides that “ every will shall be in writing, * * * * and in all cases shall be proved by the oaths or affirmations of two or more competent witnesses; otherwise, such will shall have no effect.” But the act does not require, nor is it necessary that they should be subscribing witnesses; and it has been ruled that circumstances may supply the want of one witness, when they go directly to the immediate act of disposition: Jones v. Murphy, 8 W. & S. 295
In the case before us…
2Cases cited1 opinion
- Jones v. MurphySupreme Court of Pennsylvania · 1844
3Cited by4 opinions
- Scott's EstateSupreme Court of Pennsylvania · 1892
- Morris WillSupreme Court of Pennsylvania · 1944
- Rhodes WillSupreme Court of Pennsylvania · 1960
- Torhan WillSupreme Court of Pennsylvania · 1960