Main v. Ryder
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Wayne county: Of July Term 1876, Nos. 49 and 50. These were two actions of ejectment for two farms, one brought by Daniel D. Main and others, against Rachael Ryder and James, Emily and Caroline Miner, and the other by the same plaintiffs against Horace and Henry Miner and Catharine Hooker. The plaintiffs claimed as the legal heirs of Daniel Miner, deceased, and the defendants as devisees under his will.
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Error to the Court of Common Pleas of Wayne county: Of July Term 1876, Nos. 49 and 50. These were two actions of ejectment for two farms, one brought by Daniel D. Main and others, against Rachael Ryder and James, Emily and Caroline Miner, and the other by the same plaintiffs against Horace and Henry Miner and Catharine Hooker. The plaintiffs claimed as the legal heirs of Daniel Miner, deceased, and the defendants as devisees under his will. In 1825, Daniel Miner Main married Phoebe Dennison in the state of New York, ■with whom he had several children, born in lawful wedlock, and who are the…
1Opinion of the CourtJustice Mercur
These two cases were argued together. They involve the same question. The contention relates to the will of Daniel Miner.' All the assignments of error present substantially these questions, involving its validity:—
1. The manner of its execution.
2. The mental capacity of the testator.
3. The influences under which it was executed.
We will first consider the manner of its execution. Under the Act of 1833, it was held that a will signed by the testator putting his mark to it, was not properly executed. To cure this ruling, which was questioned in Vernon v. Kirk, 6 Casey 218, the Act of 27th…
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