Dunlop v. Dunlop
Supreme Court of Pennsylvania
WRIT of error to the district court of Allegheny county. John Dunlop and others against James Dunlop. This was an action of ejectment for a lot of ground, which involved the validity of a paper purporting to be the last will and testament of James Dunlop, Se'n., deceased. The only question was, whether the will was legally executed, in pursuance of the provisions of the act of the Sth April 1S33. The defendant claimed as a devisee under the will.
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WRIT of error to the district court of Allegheny county. John Dunlop and others against James Dunlop. This was an action of ejectment for a lot of ground, which involved the validity of a paper purporting to be the last will and testament of James Dunlop, Se'n., deceased. The only question was, whether the will was legally executed, in pursuance of the provisions of the act of the Sth April 1S33. The defendant claimed as a devisee under the will. The undisputed facts of the case were in substance as follows:— The testator requested one of the witnesses, Samuel Milliken, to draw his will for…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
The framers of the statute intended, not only to require every will to be signed where signing should be practicable, but to exclude entirely the doctrine of signing by construction. Warned of the difficulty of excluding interpretation by the judicial evasions of the fifth and sixth sections of the British statute of frauds which had been effectively repealed by decision, they have attempted, and I think with success, to lay down a rule so definite and plain, as not to be eluded without a palpable infraction of its terms. Yet the…
2Cited by5 opinions
- In re the Will of CorneliusSupreme Court of Arkansas · 1854
- Grabill v. BarrSupreme Court of Pennsylvania · 1846
- Clingan v. MitcheltreeSupreme Court of Pennsylvania · 1857
- Cavett's AppealSupreme Court of Pennsylvania · 1844
- Kehr WillSupreme Court of Pennsylvania · 1953