Hess's Appeal
Supreme Court of Pennsylvania
Appeal from the Register’s Court of Lebanon county. ■ This was an appeal by Simon Hess and John Hess, two of t-he sons of Michael Hess, deceased, from the decree of the Register’s Court of Lebanon county; composed of Hon. John J. Pearson, P. J., William Rank, and Thomas Kramer, associate judges, and Henry Bross, Register of Wills of said county; confirming the decision of the register, admitting to probate a paper purporting to be the last will and testament of deceased.
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Appeal from the Register’s Court of Lebanon county. ■ This was an appeal by Simon Hess and John Hess, two of t-he sons of Michael Hess, deceased, from the decree of the Register’s Court of Lebanon county; composed of Hon. John J. Pearson, P. J., William Rank, and Thomas Kramer, associate judges, and Henry Bross, Register of Wills of said county; confirming the decision of the register, admitting to probate a paper purporting to be the last will and testament of deceased. The material facts of the case will be found in the following opinion of the president of the Register’s Court. “ There is…
1Opinion of the Court
The opinion of the court was delivered, by
Lowrie, C. J.
This will is in writing, and signed by the testator at the end thereof, and proved by two .witnesses, and therefore it has all the statutory requisites of validity. But the survivor, who was not one of the subscribing witnesses, testified that he did not read over the will to the testator after he had written it, and that'he wrote it according to the dictation of the testator and in his presence. The defect alleged is, therefore, that one of the usual forms, not enjoined by the statute, the reading of the will, was omitted. Does this…
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