Rees v. Stillé
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Philadelphia county. This was a feigned issue to test the validity of the codicil to the will of Alexander Towar, at the instance of Jonas S. Towar (since deceased), who was one of the legatees of Alexander, and who had filed a caveat against the probate of the alleged codicil.
Read the full summary
Error to the Court of Common Pleas of Philadelphia county. This was a feigned issue to test the validity of the codicil to the will of Alexander Towar, at the instance of Jonas S. Towar (since deceased), who was one of the legatees of Alexander, and who had filed a caveat against the probate of the alleged codicil. On the morning of March 16th 1857, Alexander Towar executed this codicil in the presence of three subscribing witnesses, Mr. Ewing, Mrs. Hogan, and Dr. Dubbs, by which he devised to Miss Martha Stillé, plaintiff below, to whom he was engaged to be married, such an interest in his…
1Opinion of the Court
The opinion of the court was delivered,
by Strong, J.
— The proof of a will consists of evidence of its authentication in due form of law, and of its being the voluntary testamentary disposition of a sound mind. Whether it be duly authenticated, is a question of law for the court; whether it was the product of a sound mind is exclusively for the jury. The question of authentication, however, is complex. There may be controversy respecting the existence of proof of the facts which constitute it, or respecting their sufficiency when proved. If the facts be denied, the jury, in an issue devisavit…
2Cases cited2 opinions
- Adlum v. YardSupreme Court of Pennsylvania · 1829
- Enders v. WilliamsCourt of Appeals of Kentucky · 1858
3Cited by6 opinions
- Sturgeon WillSupreme Court of Pennsylvania · 1947
- Brantlinger WillSupreme Court of Pennsylvania · 1965
- Commonwealth v. BreyesseeSupreme Court of Pennsylvania · 1894
- Milleman EstatePennsylvania Orphans' Court, Allegheny County · 1963
- Fleming's EstateSupreme Court of Pennsylvania · 1919
1 more not listed; retrieve them via the Exa API.