McMahon v. Ryan
Supreme Court of Pennsylvania
Error, to the Common Pleas of Philadelphia county. This was a feigned issue directed by the Register of Wills to try the validity of the will of Ann Ryan, late the wife of the plaintiff, which was dated 27th January, 1852. In the issue Thomas Ryan was plaintiff and Peter McMahon defendant. Py the will Ann Ryan devised to her husband Thomas Ryan, “ in fee simple,” all her “estate, real and personal, Tylmtsoever and wheresoever.”
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Error, to the Common Pleas of Philadelphia county. This was a feigned issue directed by the Register of Wills to try the validity of the will of Ann Ryan, late the wife of the plaintiff, which was dated 27th January, 1852. In the issue Thomas Ryan was plaintiff and Peter McMahon defendant. Py the will Ann Ryan devised to her husband Thomas Ryan, “ in fee simple,” all her “estate, real and personal, Tylmtsoever and wheresoever.” Thére were two subscribing witnesses to the will. Castle, one of the subscribing witnesses, testified that he wrote the will. The husband called on him and said his…
1Opinion of the Court
The opinion of the Court was delivered, by
Woodward, J.
It is essential to a good testament that the mind of the testator in the making of it be free, and not moved by fear, fraud, or undue flattery; and therefore if a man, by occasion of some present fear or violence, or threatening of future evils, do at the same time, or afterward, by the same motive (that is, when acting under that influence), make a testament, it is void, *331not only as to him that' put him so in fear, but as to all others, albeit the testator 'confirm it with an oath: Touchstone 405. It must be a present constraint,…
2Cited by5 opinions
- Herster v. HersterSupreme Court of Pennsylvania · 1889
- Brennan's EstateSupreme Court of Pennsylvania · 1933
- Thompson WillSupreme Court of Pennsylvania · 1956
- Englert v. EnglertSupreme Court of Pennsylvania · 1901
- Trost v. DinglerSupreme Court of Pennsylvania · 1888