Kelley v. Kelley
Supreme Court of Pennsylvania
Error to the Common Pleas of Mercer county. This was an action of ejectment brought by Leah Kelly against Samuel Kelly, for a tract of land in Wolf Creek township, Mercer county, containing 150 acres.
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Error to the Common Pleas of Mercer county. This was an action of ejectment brought by Leah Kelly against Samuel Kelly, for a tract of land in Wolf Creek township, Mercer county, containing 150 acres. It was admitted that the title to the land in controversy had been in David Kelly — that the plaintiff, Leah Kelly, was his mother and sole surviving parent, and that David Kelly died without issue, but leaving his mother, Leah Kelly, and brothers and sisters, of whom the defendant, Samuel Kelly, was one. Defendant, to support the issue on his part, gave in evidence the record of the will of…
1Opinion of the Court
The opinion of the Court was delivered by
Woodward, J.
The will under which the plaintiff claims contains all the unimportant phrases of the form book, without a single intelligible devise or bequest. Such a will is insensible and void. It is incapable of being interpreted or executed. The *463parol evidence that was offered, and properly rejected, might have made a will for the testator, but could have given no vitality to this senseless and shapeless instrument.
The judgment is affirmed.
2Cited by6 opinions
- Beisgen EstateSupreme Court of Pennsylvania · 1956
- McKean EstateSuperior Court of Pennsylvania · 1946
- Carlin's EstatePennsylvania Orphans' Court, Philadelphia County · 1939
- Frazier v. Fabrick, Pennsylvania Court of Common Pleas, Adams County1987
- Good EstatePennsylvania Orphans' Court, Clinton County · 1963
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