Cavett's Appeal
Supreme Court of Pennsylvania
APPEAL from the decree of the Register’s Court of Westmoreland county admitting to probate and granting letters testamentary upon a paper purporting to be the last will and testament of Robert McKean deceased. The will and the name Robert McKean signed to it were written by Benjamin Byerly, and the alleged testator made his mark at the name.
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APPEAL from the decree of the Register’s Court of Westmoreland county admitting to probate and granting letters testamentary upon a paper purporting to be the last will and testament of Robert McKean deceased. The will and the name Robert McKean signed to it were written by Benjamin Byerly, and the alleged testator made his mark at the name. Upon a hearing of the case before the Register’s Court, Adam Ludwick and Benjamin Miller, who were the subscribing witnesses to the paper, testified as follows: Adam Ludwick sworn.' — This is my handwriting (the will was here exhibited to the witness). I…
1Opinion of the Court
*25The opinion of the Court was delivered by
Gibson, C. J.
In the remarks which the commissioners to revise the civil code have appended to their second report, they say that where the party is unable to affix his proper signature to his will, by reason of infirmity or otherwise, it is provided in the statute, reported by them as it has been enacted, that it may be done by another person in his presence and by his express direction. It must be admitted that the statute makes no such provision in express terms; it requires that “ every will shall be in writing, and, unless the person making the…
2Cases cited1 opinion
- Dunlop v. DunlopSupreme Court of Pennsylvania · 1840
3Cited by5 opinions
- Asay v. HooverSupreme Court of Pennsylvania · 1846
- In re the Will of CorneliusSupreme Court of Arkansas · 1854
- Grabill v. BarrSupreme Court of Pennsylvania · 1846
- Clingan v. MitcheltreeSupreme Court of Pennsylvania · 1857
- Kehr WillSupreme Court of Pennsylvania · 1953