Legal Opinion

Dietrick v. Dietrick

Supreme Court of Pennsylvania

Decided May 29, 1819PublishedCited by 2 opinions

In Error. ERROR to the Court of Common Pleas of Lancaster county. This was an issue directed from the Register’s Court of r\» * y nr Lancaster county, in the name of Henry Dietrick, the plaintiff below, against Michael Dietrick and Andrew Youndt, to try whether a certain writing was the last will and testament of Philip Dietrick deceased, m which there was a verdict in favour of the will.

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In Error. ERROR to the Court of Common Pleas of Lancaster county. This was an issue directed from the Register’s Court of r\» * y nr Lancaster county, in the name of Henry Dietrick, the plaintiff below, against Michael Dietrick and Andrew Youndt, to try whether a certain writing was the last will and testament of Philip Dietrick deceased, m which there was a verdict in favour of the will. On the trial in the Court below, the defendants endeavoured to impeach the validity of the alleged will, by evidence of imbecility in the testator, and practice and fraudulent misrepresentation on the part…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson J.

The defendants below endeavoui'ed to impeach the validity of the alleged will, by evidence of the imbecility of the testator, and practice and fraudulent misrepresentation on the part of Henry, his son and principal devisee. To prove this, they gave evidence, which, if true, shewed the testator was not only a weak old man, but also under the absolute controul of Henry ; and that the chief, if not the only cause of his displeasure towards his son Michael, whom he almost entirely disinherited, was the supposed extravagance and unthrifty conduct…

2Cited by2 opinions

  1. Betts v. Jackson ex dem. BrownCourt for the Trial of Impeachments and Correction of Errors · 1830
  2. Nussear v. ArnoldSupreme Court of Pennsylvania · 1825

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