Porter's Appeal
Supreme Court of Pennsylvania
From tbe Register’s Court of Delaware county. April 13. An alleged nuncupative will of Woodward Crosley being offered for probate, and being objected to by one of the next of kin, the evidence given was as follows:— Pierce: “ Crosley sent for me early on the morning he died. I found him lying on the bed, with his clothes on.
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From tbe Register’s Court of Delaware county. April 13. An alleged nuncupative will of Woodward Crosley being offered for probate, and being objected to by one of the next of kin, the evidence given was as follows:— Pierce: “ Crosley sent for me early on the morning he died. I found him lying on the bed, with his clothes on. He told me to take from his pocket a key, and take out of his desk the deeds for his property where he then lived, and write an assignment in favour of his sister Mary. I thought there was not time, and told him so: he then directed me to write it down as his will, and…
1Opinion of the CourtCoulter, J.
A nuncupative will is, where the testator, without any writing, declares his will or testament, as to his personal estate, before two witnesses. The provisions of our statute are copied- from those of-the 29 Chas. 2, ch. 3, § 5, with the exception that, in England, there must be three witnesses. No case was produced on the argument, either from the English or American books, where it was hold that a decedent, who intended to make a written will, which, for .any cause, was left incomplete or unfinished, died testate by nuncupation of the unfinished will. I have met with but one case, that.of…
2Cases cited1 opinion
- In re the alleged nuncupative will of YarnallSupreme Court of Pennsylvania · 1833
3Cited by7 opinions
- Estate of WileySupreme Court of Pennsylvania · 1898
- Estate of TaylorArizona Supreme Court · 1940
- Brown v. StateWashington Supreme Court · 1915
- Buehrer WillSupreme Court of Pennsylvania · 1944
- McClellan's EstateSupreme Court of Pennsylvania · 1936
2 more not listed; retrieve them via the Exa API.