Murry v. Murry
Supreme Court of Pennsylvania
ERROR to the common pleas of Westmoreland county. James Murry and another against Satiah Murry. This was a feigned issue, formed on a precept from the register, to determine whether a certain instrument of writing was, or was not, the last will and testament of Jeremiah Murry, Esq., lately deceased. The writing is entirely in the handwriting of Jeremiah Murry, the decedent, and covers eight pages, which are regularly numbered by him, from one to eight, inclusive.
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ERROR to the common pleas of Westmoreland county. James Murry and another against Satiah Murry. This was a feigned issue, formed on a precept from the register, to determine whether a certain instrument of writing was, or was not, the last will and testament of Jeremiah Murry, Esq., lately deceased. The writing is entirely in the handwriting of Jeremiah Murry, the decedent, and covers eight pages, which are regularly numbered by him, from one to eight, inclusive. It commences thus: “ In the name of God, amen. I, Jeremiah Murry, of the township of Franklin, county of Westmoreland, and…
1Opinion of the Court
*356The opinion of the Court was delivered by
Gibson, C. J.
As a statute has prescribed a particular badge of testamentary authenticity since the paper in contest was written, the decision now to be made, must be of limited application as a precedent; and I shall do no more than mark the principles on which it is rested. The earlier decisions certainly gave to almost every imperfect scrap of paper written in contemplation of death, the efficacy of a testamentary disposition; but the courts have, in a great measure, retraced their steps, and the result of the authorities collected in Roberts on…
2Cases cited2 opinions
- Case of Barnet's AppealSupreme Court of Pennsylvania · 1831
- Hock v. HockSupreme Court of Pennsylvania · 1820
3Cited by5 opinions
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- Gable's Executors v. DaubSupreme Court of Pennsylvania · 1862
- Jack v. ShoenbergerSupreme Court of Pennsylvania · 1853
- Will of FransenSupreme Court of Pennsylvania · 1856