Combs' & Hankinson's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia county: Of July Term, 1883, No. 201. Appeal by George Combs and Isaiah Hankinson from a decree of said court dismissing their petition to annul the letters testamentary and the probate of the alleged will of Lucy Taylor, deceased; and refusing to grant an issue devisavit vel non, to test the validity of said alleged will.
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Appeal from the Orphans’ Court of Philadelphia county: Of July Term, 1883, No. 201. Appeal by George Combs and Isaiah Hankinson from a decree of said court dismissing their petition to annul the letters testamentary and the probate of the alleged will of Lucy Taylor, deceased; and refusing to grant an issue devisavit vel non, to test the validity of said alleged will. The facts were as follows: Lucy Taylor, a colored woman, about eighty years old, unable to read or write, died on February 14th, 1880, at the Home for Aged and Infirm Colored Persons, where she had been a boarder for some…
1Opinion of the CourtJustice Trunkey
The testatrix, unable to read or write, affixed her mark to her will in the presence of two subscribing witnesses. Neither of these witnesses at the time of publication had any interest in the will, and both were credible. A credible witness is one who is not disqualified to testify by mental incapacity, interest, crime, or other cause. Even if it could be said that the Act of April 26th, 1855, contemplates that the character of the witnesses for truth must be good, the attesting witnesses to this will stand unimpeached.
A corporation was the sole object of the bounty of the testatrix. Belinda…
2Cited by14 opinions
- Cohen WillSupreme Court of Pennsylvania · 1971
- Baughman's EstateSupreme Court of Pennsylvania · 1924
- Kessler's EstateSupreme Court of Pennsylvania · 1908
- Channon's EstateSupreme Court of Pennsylvania · 1920
- White's EstateSupreme Court of Pennsylvania · 1918
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