Rohrer v. Stehman
Supreme Court of Pennsylvania
ISSUE of devisavit vel non, on an instrument of writing, purporting to be the last will and testament of Tobias Stehman deceased. John .Hubley, a scrivener, was sent for to write the will of Tobias Stehman. He took down in writing what the testator dictated to be his will; and when it was all done he read it over to him, and it was approved.
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ISSUE of devisavit vel non, on an instrument of writing, purporting to be the last will and testament of Tobias Stehman deceased. John .Hubley, a scrivener, was sent for to write the will of Tobias Stehman. He took down in writing what the testator dictated to be his will; and when it was all done he read it over to him, and it was approved. From this memorandum a formal will was drawn by John Hubley, and executed by Tobias Stehman in the- presence of witnesses, who subscribed it as such; but whep it was offered for probate, a caveat was entered, an issue joined, Which was tried, and a…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.
In the infancy of the province of Pennsylvania, when wealth was not common, and the distinction between real and personal estate, as to liability for debts, had been abolished, an act of assembly was passed concerning probates of written and nuncupative wiHs, and for confirming devises of lands. This act of 1705 differed widely from that which our ancestors had left in force in England, both as to the substantial and formal requisites of a valid will of lands. The construction put on it, soon after its enactment, handed down by tradition, is…
2Cases cited4 opinions
- Havard v. DavisSupreme Court of Pennsylvania · 1810
- Hight v. WilsonSupreme Court of the United States · 1784
- Eyster v. YoungSupreme Court of Pennsylvania · 1803
- Arndt v. ArndtSupreme Court of Pennsylvania · 1815
3Cited by2 opinions
- Fenn v. ReadSupreme Court of Pennsylvania · 1791
- Will of FransenSupreme Court of Pennsylvania · 1856