Legal Opinion

Thomas v. Carter

Supreme Court of Pennsylvania

Decided October 7, 1895No. Appeal, No. 78PublishedCited by 10 opinions

Appeal, No. 78, July T., 1894, by plaintiff, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1891, No. 996, on verdict for defendants. Issue devisavit vel non, to try, First. Whether at the time of the alleged execution of the paper dated December 10, 1886, purporting to be the last will of Charles Carter, deceased, he, the said Charles Carter, was of sound disposing mind, memory and understanding. Second.

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Appeal, No. 78, July T., 1894, by plaintiff, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1891, No. 996, on verdict for defendants. Issue devisavit vel non, to try, First. Whether at the time of the alleged execution of the paper dated December 10, 1886, purporting to be the last will of Charles Carter, deceased, he, the said Charles Carter, was of sound disposing mind, memory and understanding. Second. Whether at the time of the alleged execution of the paper dated December 10, 1886, purporting to be a codicil to said alleged will of Charles Carter, deceased, the said Charles Carter…

1Opinion of the Court

Per Curiam,

In this issue, devisavit vel non, framed for the purpose of trying and determining the three questions of fact recited therein, John M. Thomas, sole acting executor of the writing *282purporting to be tbe last will and testament of Charles Carter, deceased, is plaintiff, and Williams Carter and others, including all the children and heirs at law of said decedent, are defendants.

The proper solution of these questions depended of course upon a variety of minor facts and circumstances calculated to shed light on one or more of said main questions and thus enable the jury to reach a…

2Cases cited1 opinion

  1. Taylor v. TrichSupreme Court of Pennsylvania · 1895

3Cited by10 opinions

  1. Guarantee Trust & Safe Deposit Co. v. HeidenreichSupreme Court of Pennsylvania · 1927
  2. Sommerville WillSupreme Court of Pennsylvania · 1962
  3. WillSupreme Court of Pennsylvania · 1952
  4. Shreiner v. ShreinerSupreme Court of Pennsylvania · 1896
  5. Leedom EstateSupreme Court of Pennsylvania · 1943

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