Logan v. Watt
Supreme Court of Pennsylvania
In Error. ERROR to the Court of Common Pleas of Columbia county, in ejectment. The defendants in error, the plaintiffs below, made title to the lands, for which this ejectment was brought, under Hugh Watt.
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In Error. ERROR to the Court of Common Pleas of Columbia county, in ejectment. The defendants in error, the plaintiffs below, made title to the lands, for which this ejectment was brought, under Hugh Watt. They offered in evidence a writing, purporting to be a copy of the last will and testament of the said Hugh Watt, attested by three subscribing witnesses, annexed to a certificate under the hand and seal of the register of wills of Mifflin county, “ that on the day of the date hereof, at Lexoistown, before me, was proved and approved, the last will and testament of Hugh Watt, late of…
1Opinion of the Court
The opinion of the Court was delivered by
Duncan J.
The probate of a will of personal estate is final and conclusive. In England, it is not any evidence of a devise of-lands, because the ecclesiastical court or the ordinary, have no cognisance. The original will must be produced, and one at least of the subscribing witnesses, if alive, be called; and if he can prove the due execution by the testator in the presence of himself and the other witnesses, and their subscription in the presence of the testator, there will not, unless in case where the will is disputed, be any occasion to call the…
2Cases cited2 opinions
- Morris's Lessee v. VanderenSupreme Court of the United States · 1782
- Bethel v. Lloyd and OthersSupreme Court of the United States · 1759
3Cited by3 opinions
- Loy v. KennedySupreme Court of Pennsylvania · 1841
- Dornick v. ReichenbackSupreme Court of Pennsylvania · 1823
- Barr v. ClostermanHamilton Circuit Court · 1887