Bovard v. Wallace
Supreme Court of Pennsylvania
In Error. THIS was a writ of error to the Court of Common Pleas of Cumberland countv, in a feigned issue directed by the Register’s Court to try the validity of a writing, purporting to be the testament and last will of Patrick Wallace, deceased, in which Sarah Wallace and Thomas Wallace, ad-a ministrators, pendente lite, of Patrick Wallace, were plaintiffs, and Charles Bovard and Rachael, his wife, who was one °f the heirs of Patrick Wallace,-w&re defendants.
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In Error. THIS was a writ of error to the Court of Common Pleas of Cumberland countv, in a feigned issue directed by the Register’s Court to try the validity of a writing, purporting to be the testament and last will of Patrick Wallace, deceased, in which Sarah Wallace and Thomas Wallace, ad-a ministrators, pendente lite, of Patrick Wallace, were plaintiffs, and Charles Bovard and Rachael, his wife, who was one °f the heirs of Patrick Wallace,-w&re defendants. The jury, having found a verdict establishing the will, the cause removed to this Court by writ of error, where two exceptions,…
1Opinion of the Court
Tilghman C. J., _, , The trial or this cause, m the Court low, was upon a feigned issue directed by the Register’s Court of Cumberland county, to try the validity of a writing, purporting to be the testament and last will of Patrick Wallace, deceased. 7
b Two exceptions were taken to the opinion of the Court,
1. The defendants offered to prove, that Ann Wallace, one of the devisees in the supposed will, had declared, that the testator, at the time of executing that writing, was incapable of making a will. This evidence was objected to by the counsel for the plaintiff, and rejected by the Court.…
2Cited by7 opinions
- McMillan v. McDillIllinois Supreme Court · 1884
- Boyd v. EbySupreme Court of Pennsylvania · 1839
- Hauberger v. RootSupreme Court of Pennsylvania · 1843
- Spence v. SpenceSupreme Court of Pennsylvania · 1835
- Nussear v. ArnoldSupreme Court of Pennsylvania · 1825
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