Hinkle v. Eichelberger
Supreme Court of Pennsylvania
Error to the Common Pleas of Adams county. May 19. — The question arose, in this case, on the trial of an issue of devisavit vel non, in which the plaintiffs called one of the executors as witness; he was objected to. The facts were these : the will contained a power to sell lands, and a direction to pay a legacy to the widow of testator. It was shown a sale had been made, but releases from the purchasers were produced.
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Error to the Common Pleas of Adams county. May 19. — The question arose, in this case, on the trial of an issue of devisavit vel non, in which the plaintiffs called one of the executors as witness; he was objected to. The facts were these : the will contained a power to sell lands, and a direction to pay a legacy to the widow of testator. It was shown a sale had been made, but releases from the purchasers were produced. An account filed by the executors in the Orphans’ Court was then produced, taking a credit, among other things, for the payment of the legacy. The court admitted the witness.…
1Opinion of the CourtGibson, C. J.
— The official character of an executor, independent of acts done in it, is not enough to exclude him as a witness on the trial of an issue like the present. But it is said, that as the executor, in this instance, paid a legacy to the widow, he has an interest to that extent in establishing the will. What would be the legal effect of revoking the probate ? Where a grant of administration is originally void, all acts done under it will be also void. In Wolley v. Clark, 5 B. & Ad. 744, trover was maintained by the executor of a subsequent will against the executor of a previous one, whose…
2Cases cited6 opinions
- Ellmaker's EstateSupreme Court of Pennsylvania · 1835
- Morris v. TarinSupreme Court of the United States · 1785
- President of the Farmers & Mechanics' Bank v. President of the Troy City BankMichigan Supreme Court · 1844
- Commonwealth ex rel. Huston v. MateerSupreme Court of Pennsylvania · 1827
- Irvine v. HanlinSupreme Court of Pennsylvania · 1823
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Miller v. HulmeSupreme Court of Pennsylvania · 1889
- Bomgardner v. BlattSuperior Court of Pennsylvania · 1908
- Eichelberger's EstateYork County Orphans' Court · 1927