Legal Opinion

Lovett's Executors v. Mathews

Supreme Court of Pennsylvania

Decided May 15, 1855PublishedCited by 4 opinions

ERROR to the Common Pleas of Bucles county. This was an ejectment to September Term, 1854, by William Lovett and another, executors of the will of John Lovett, deceased, v. W. Mathews and J. Flack. On the trial, the plaintiffs offered in evidence a certificate, or certified copy of a record of the Probate Court of Lenawee county, in the state of Michigan, containing a copy of the last will and testament of John Lovett, deceased, there admitted to probate and recorded.

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ERROR to the Common Pleas of Bucles county. This was an ejectment to September Term, 1854, by William Lovett and another, executors of the will of John Lovett, deceased, v. W. Mathews and J. Flack. On the trial, the plaintiffs offered in evidence a certificate, or certified copy of a record of the Probate Court of Lenawee county, in the state of Michigan, containing a copy of the last will and testament of John Lovett, deceased, there admitted to probate and recorded. To its admission several objections were made, all of them to the effect that the record had not been authenticated according…

1Opinion of the Court

The opinion of the Court was delivered, May, 1855, by

Blaoe, J.

On the trial of this case (which was an ejectment) .the plaintiff offered a will, which he asserted had been proved before the proper authorities of Lenawee county in the state of Michigan. It was rejected on the ground that it was not properly authenticated. They next offered the same will, with evidence that it had been admitted to probate before the register of Bucks county, and letters testamentary thereon issued agreeably to the Act of 1832. The defendants made precisely the same objections to this that were made to the first…

2Cited by4 opinions

  1. Commonwealth v. WilliamsSuperior Court of Pennsylvania · 1909
  2. Messmore v. MorrisonSupreme Court of Pennsylvania · 1896
  3. Griffin v. City of New CastleSuperior Court of Pennsylvania · 1926
  4. Opp v. ChessSupreme Court of Pennsylvania · 1903

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