Haus v. Palmer
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Oentre county, on a feigned issue, directed by the Register’s Court to try the validity of a nuncupative will, alleged to have been made by Susanna Haus, deceased.
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Error to the Court of Common Pleas of Oentre county, on a feigned issue, directed by the Register’s Court to try the validity of a nuncupative will, alleged to have been made by Susanna Haus, deceased. The declaration does not set out any will, and there is no copy of it connected with the record; hut it alleges that one was made, and avers that, in making it, the testatrix did comply with all the requisites specified in the Act of 1833, relating to nuncupative wills; and on this averment the issue was joined. The persons intended to be benefited by the will, were, Barbara Palmer, an only…
1Opinion of the Court
The opinion of the Court was delivered by
Lowrie, J.
— The Court below followed Search’s Appeal in the admission of Mrs. Norman as a witness; but that case is based principally upon the illegitimate line of decisions begotten by the case of Steel v. Phœnix Ins. Co., 3 Binn. 306, which were all overruled by Post v. Avery, 5 W. & Ser. 510. The other cases relied on in Search’s Appeal contain the principles, that a legatee *299releasing (not assigning) his claim, may be a witness to prove the will: Vin. Ab. Tit. Evidence, F. PI. 53; and that legatees, or distributees, releasing all claim upon the…
2Cases cited2 opinions
- Steele v. Phoenix InsuranceSupreme Court of Pennsylvania · 1811
- Woods v. WilliamsNew York Supreme Court · 1812
3Cited by5 opinions
- Heft v. OgleSupreme Court of Pennsylvania · 1889
- M. Darragh & Co. ex rel. Darragh v. StevensonSupreme Court of Pennsylvania · 1898
- Roy v. SanfordTennessee Supreme Court · 1918
- McClellan's EstateSupreme Court of Pennsylvania · 1936
- Pry EstatePennsylvania Orphans' Court, Northampton County · 1960