Boyd v. Boyd
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Westmoreland county: No. 51, to October and November Term 1870. This was a feigned issue to try the validity of a writing purporting to be the will of John Boyd, deceased. It was framed, March 12th 1869, between John Boyd, Jr., and David Longenecker, executor of John Boyd, deceased, plaintiff, and Margaret Boyd, by her guardian, defendant.
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Error to the Court of Common Pleas of Westmoreland county: No. 51, to October and November Term 1870. This was a feigned issue to try the validity of a writing purporting to be the will of John Boyd, deceased. It was framed, March 12th 1869, between John Boyd, Jr., and David Longenecker, executor of John Boyd, deceased, plaintiff, and Margaret Boyd, by her guardian, defendant. The case had been on the trial list at several terms; when it was on the list for November Term 1860, the name of David Longencker, one of the plaintiffs, was struck off. Margaret Boyd was the only child of the…
1Opinion of the Court
The opinion of the court was delivered, January 3d 1871, by
Sharswood, J.
— The main contest on the trial of the feigned issue in the court below was, as to the mental competency of the alleged testator to make a will, at the time the paper propounded was executed. Upon that subject in all its aspects, as presented by the evidence, the learned judge delivered to the jury an able and lucid charge, explaining to them, clearly, what was the legal standard of testamentary capacity. To the charge in regard to that question no error has been assigned, except to a single paragraph, extracted from the…
2Cited by27 opinions
- Pusey's EstateSupreme Court of Pennsylvania · 1935
- Phillips' EstateSupreme Court of Pennsylvania · 1914
- In Re Estate of ClarkSupreme Court of Pennsylvania · 1975
- Quein WillSupreme Court of Pennsylvania · 1948
- In Re Will of Amelia EverettSupreme Court of North Carolina · 1910
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