Legal Opinion

Bitner v. Bitner

Supreme Court of Pennsylvania

Decided May 9, 1870No. 31PublishedCited by 10 opinions

Error to the Court of Common Pleas of Franklin county: Of May Term 1870, No. 31. In the court below this was an issue on the will of Christian Bitner, deceased. The order of the court, March 15th 1869, was : “That an issue be framed to test the validity of the paper, purporting to be the last will and testament of Christian Bitner, deceased.

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Error to the Court of Common Pleas of Franklin county: Of May Term 1870, No. 31. In the court below this was an issue on the will of Christian Bitner, deceased. The order of the court, March 15th 1869, was : “That an issue be framed to test the validity of the paper, purporting to be the last will and testament of Christian Bitner, deceased. That John Bitner, Samuel Bitner and Christian Bitner, executors of the said paper, be plaintiffs, and Joseph Bitner, Jacob Bitner, and George W. Brewer, guardian of George W. Bitner, Simon H. Bitner, David Bitner and Christian Bitner, minor children of…

1Opinion of the Court

The opinion of the court was delivered, May 19 th 1870, by-

Agnew, J.

The looseness with which feigned issues are so often formed is a source of frequent regret, which we had occasion to notice last year in a case from Luzerne county. This case is another instance. The only issue presented by the pleadings is whether the writing was the last will and testament of Christian Bitner. But this presented no issue of fact. It might not have been his last will for various reasons, of law and fact, as want of due execution, revocation, duress, insanity, &c. Such an issue withdraws the will from the…

2Cited by10 opinions

  1. Phillips's EstateSupreme Court of Pennsylvania · 1930
  2. Sommerville WillSupreme Court of Pennsylvania · 1962
  3. Ginder v. BachmanSuperior Court of Pennsylvania · 1898
  4. In Re Ford's EstateUtah Supreme Court · 1927
  5. Price v. HamscherSupreme Court of Pennsylvania · 1896

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