Starrett v. Douglass
Supreme Court of Pennsylvania
This was a feigned issue to try the validity of the last will of Joseph Douglass deceased, exhibited in the register’s office of Westmoreland county, on a wager of 51. on the part of the plaintiff against 10Í. on the part of the defendant, as to the proof of the will. The cause was tried before Yeates, Justice, at Greensburgh, on the 28th May 1798, when a verdict-passed for the plaintiff for 101., the nominal damages.
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This was a feigned issue to try the validity of the last will of Joseph Douglass deceased, exhibited in the register’s office of Westmoreland county, on a wager of 51. on the part of the plaintiff against 10Í. on the part of the defendant, as to the proof of the will. The cause was tried before Yeates, Justice, at Greensburgh, on the 28th May 1798, when a verdict-passed for the plaintiff for 101., the nominal damages. A rule was obtained to show cause why the verdict should not be set aside, as contrary to evidence, and a new trial granted. Yeates, J. reported a statement of the evidence had…
1Opinion of the Court
By the court.
The verdict given was not against the charge of the judge, who tried the cause, nor can wp say it was against the weight of evidence.
The declarations of the testator to different persons at divers times, of his intended disposition of his estate, is strong evidence in support of the will, conjoined to the testimony of the five witnesses who swear to his sanity on the two days of publication. We have no difficulty in saying, that we have a superintending power to grant new trials, in cases of this nature, where the circumstances will warrant it; but in the present instance we do…
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