Wogan v. Small
Supreme Court of Pennsylvania
IN ERROR. This .was a feigned issue sent from the Register’s Court to the Court of Common Pleas, of York county, to determine the validity of a paper, purporting to be the last will and testament of Peter 'Pipe, deceased. The case in the court below, turned upon the sanity of the testator’s mind at the time the paper was executed, in relation to which testimony was given on both sides, which it is unnecessary to state.
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IN ERROR. This .was a feigned issue sent from the Register’s Court to the Court of Common Pleas, of York county, to determine the validity of a paper, purporting to be the last will and testament of Peter 'Pipe, deceased. The case in the court below, turned upon the sanity of the testator’s mind at the time the paper was executed, in relation to which testimony was given on both sides, which it is unnecessary to state. Michael Leih, was called as a witness, by the plantiff, who proposed, to ask him, “ whether from his actual knowledge of Peter Pipe, he considered him fit or unfit to make a…
1Opinion of the Court
The opinion of the court was, delivered by
Txlghman, C. J.
This action was tried in the Court of Common Pleas, of York county, on an issue directed by the Register’s Court, to decide on the validity of a writing, exhibited as the last-will and testament of Peter Eipe, deceased. On the trial of the cause, the counsel for the plaintiff proposed to ask the following question of MichaelLeib, a witness produced by him, viz. “ Whether from your actual knowledge of Peter Eipe, do you consider him as fit or unfit to make a will?” The counsel for the defendant objected to this as a leading question, and…
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