Frew v. Clarke
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1875. This was a feigned issue under a precept directed by the Register of Wills of Allegheny county to the Court of Common Pleas, to try whether a certain paper presented to him for probate, was the will of James McCully, deceased.
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Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1875. This was a feigned issue under a precept directed by the Register of Wills of Allegheny county to the Court of Common Pleas, to try whether a certain paper presented to him for probate, was the will of James McCully, deceased. The precept was filed in the Common Pleas, April 6th 1874, and the issue was framed with Robert D. Clarke as plaintiff and William Erew and others, heirs and next of kin of James McCully, defendants. The decedent died March 26th 1878, having been killed by the overturning…
1Opinion of the CourtJustice Mercur
This was a feigned issue to try the genuineness and testamentary character of a written instrument, of which the following is a copy, to wit:—
*178“ Know all men by these presents, that I, James McCully, of Pittsburg, Pa., do order and direct my administrators or executors; in case of my death, to pay Robert D. Clarke, the sum of seventy-five thousand dollars, as a token of my regard for him, and to commemorate the long friendship existing between us.
Witness my hand and seal this 17th day of April, A. D. 1872.
$75,000.
James McCully. [l. s.]”
Twenty errors have been assigned, yet all the substantial…
2Cases cited3 opinions
- Morrell v. DickeyNew York Court of Chancery · 1814
- Jones v. MurphySupreme Court of Pennsylvania · 1844
- Weigel v. WeigelSupreme Court of Pennsylvania · 1836
3Cited by21 opinions
- Phillips' EstateSupreme Court of Pennsylvania · 1914
- Cohen WillSupreme Court of Pennsylvania · 1971
- Llewellyn's EstateSupreme Court of Pennsylvania · 1929
- Dalbey's EstateSupreme Court of Pennsylvania · 1937
- McCune's EstateSupreme Court of Pennsylvania · 1920
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