Landis v. Landis
Supreme Court of Pennsylvania
Error, to the Court of Common Pleas of Philadelphia. This was a feigned issue, devisavit vel non, as to the will of Margaret Landis; the allegations of the plaintiff being: 1. That the testatrix was not of sound mind, memory, and understanding, nor of mental capacity to make said instrument of writing. 2. That she did not execute said instrument of writing with a full knowledge of its contents. 3. And that the same was obtained by force and imposition, and undue and improper…
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Error, to the Court of Common Pleas of Philadelphia. This was a feigned issue, devisavit vel non, as to the will of Margaret Landis; the allegations of the plaintiff being: 1. That the testatrix was not of sound mind, memory, and understanding, nor of mental capacity to make said instrument of writing. 2. That she did not execute said instrument of writing with a full knowledge of its contents. 3. And that the same was obtained by force and imposition, and undue and improper influence. It appears in evidence that Margaret Landis, on the 9th September, 1848, executed a paper purporting to be…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, J.
— Angelina Hollis, Rosanna Cansler, and Lorenzo Landis, were objected to as witnesses because they are legatees ; but this fact rather adds to their credibility when they testify against the will, and certainly does not affect their competency when he, who might on this account object to them, calls them. They are also heirs-at-law, but it does not appear that it is their interest to defeat the will.
*253Lorenzo Landis is also executor, and this fact might incline him to wish to support the will, but certainly it gives him no interest to defeat…
2Cited by7 opinions
- Girsh TrustSupreme Court of Pennsylvania · 1963
- Wood v. WoodWyoming Supreme Court · 1917
- Cressman EstateSupreme Court of Pennsylvania · 1943
- Grubbs v. McDonaldSupreme Court of Pennsylvania · 1879
- Palmer's EstateSupreme Court of Pennsylvania · 1908
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