Legal Opinion

Shaver v. McCarthy

Supreme Court of Pennsylvania

Decided October 5, 1885PublishedCited by 15 opinions

Error to the Court of Common Pleas of Huntingdon county: Of January Term 1884, No. 247. This was an issue certified to the said court by the Orphans’ court of said county to try (1) whether a certain writing, dated December 6th, 1881, was the last will of Peter Shaver, deceased, and (2) whether the said Peter Shaver was, at the time of signing said paper, of sound and disposing mind.

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Error to the Court of Common Pleas of Huntingdon county: Of January Term 1884, No. 247. This was an issue certified to the said court by the Orphans’ court of said county to try (1) whether a certain writing, dated December 6th, 1881, was the last will of Peter Shaver, deceased, and (2) whether the said Peter Shaver was, at the time of signing said paper, of sound and disposing mind. In this issue A. R. McCarthy, who was named as executor in the alleged will, was plaintiff and Jacob K. Shaver and 'others, contestants, were defendants. On the trial, before Hoy, P. J., plaintiff called W. A.…

1Opinion of the CourtJustice Clark

In the introductory part of the charge, the learned judge without doubt fully and fairly presented the precise questions, which were for the consideration of the jury, s-tating with clearness and accuracy the principles of law which should govern in their determination. He quoted at length from the opinion of this court in the very recent case of Wilson v. Mitchell, 5 Out., 495, which unquestionably contains a concise and correct exposition of the law of this state upon the questions involved in part, as follows: “ A man of sound mind and disposing memory is one who has a full and intelligent…

2Cited by15 opinions

  1. Sommerville WillSupreme Court of Pennsylvania · 1962
  2. Crothers v. CrothersSupreme Court of Pennsylvania · 1892
  3. Hisak v. Lehigh Valley Transit Co.Supreme Court of Pennsylvania · 1948
  4. McShain v. Indemnity Insurance Co. of North AmericaSupreme Court of Pennsylvania · 1940
  5. Taylor v. TrichSupreme Court of Pennsylvania · 1895

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