Legal Opinion

Desesbats v. Berquier

Supreme Court of Pennsylvania

Decided April 2, 1808PublishedCited by 46 opinions

IN this case the Register’s Court of Philadelphia county directed an issue in the Common Pleas to try the validity of a certain writing bearing date the 8th of August 17"98, purporting to be the will of Jean Theil deceased. The issue was accordingly formed in the Common Pleas, and removed by certiorari into this court, where the following case was made for the court’s opinion.

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IN this case the Register’s Court of Philadelphia county directed an issue in the Common Pleas to try the validity of a certain writing bearing date the 8th of August 17"98, purporting to be the will of Jean Theil deceased. The issue was accordingly formed in the Common Pleas, and removed by certiorari into this court, where the following case was made for the court’s opinion. “ It is a feigned issue from the Register’s Court to try “ the validity of a certain paper writing purporting to be the “ will of Jean Theil deceased. It is admitted that the said “ instrument, if it had been made by a…

1Opinion of the Court

Tilghman C.. J.

This case was very well argued. Every thing that ingenuity and industry could produce was brought before the court. If the case had been entirely new, it would have been extremely difficult to decide. But although no authority directly in point has been produced, yet some principles have been established by adjudged cases, which bear strongly on the question before us. It seems to have been formerly taken for daw in Scotland, that the goods found there of a person who died "intestate in England, should be distributed according to the Scotch law. But since the cases of Bruce v.…

2Cases cited1 opinion

  1. Respublica v. De LongchampsSupreme Court of the United States · 1784

3Cited by46 opinions

  1. Ed Freeman and Wife Sharon Freeman, Cross-Appellants v. Northwest Acceptance Corporation, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1985
  2. Ford v. FordWisconsin Supreme Court · 1887
  3. Harvey v. RichardsU.S. Circuit Court for the District of Massachusetts · 1818
  4. Andrews v. HerriotNew York Supreme Court · 1825
  5. Trecothick v. AustinU.S. Circuit Court for the District of Massachusetts · 1825

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