Clark v. Morton
Supreme Court of Pennsylvania
This was a writ of error to the Common Pleas of Philadelphia county. It was a feigned issue to try the validity of an alleged will of the late Judge Morton, brought against Clark and wife, nis wife claiming to be heir at law of Judge Morton. A witness having testified that Judge Morton had told him he had written his will himself; the plaintiff proposed to ask the contents of the will as stated to the witness.
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This was a writ of error to the Common Pleas of Philadelphia county. It was a feigned issue to try the validity of an alleged will of the late Judge Morton, brought against Clark and wife, nis wife claiming to be heir at law of Judge Morton. A witness having testified that Judge Morton had told him he had written his will himself; the plaintiff proposed to ask the contents of the will as stated to the witness. This was objected to by the defendant: but the court admitted the testimony; whereupon the defendant tendered a bill of exceptions. The court charged the jury, that “ by the law of…
1Opinion of the Court
The opinion of the court was delivered by
Kennedy, J.
The main question to be resolved in this case is, whether the making of a will in writing and its contents can be established by parol evidence of the verbal declarations of the deceased, going to show that he had made a will in writing, and how he had disposed of his estate by it.
By our act of assembly of 1705, a will made in order to convey lands, must be in writing and proved by two or more credible witnesses. Now it is perfectly obvious that the proof required to be made of a will for such purpose, necessarily involves the proof of its…
2Cases cited2 opinions
- Havard v. DavisSupreme Court of Pennsylvania · 1810
- Reynolds v. ReynoldsSupreme Court of Pennsylvania · 1827
3Cited by3 opinions
- Jones v. MurphySupreme Court of Pennsylvania · 1844
- Canter v. CommonwealthCourt of Appeals of Kentucky · 1917
- Derr v. GreenawaltSupreme Court of Pennsylvania · 1874