Asay v. Hoover
Supreme Court of Pennsylvania
In error from the District Court of Philadelphia. This was a feigned issue, directed to try the right to a fund paid into court by the sheriff, which remained after Satisfying a mortgage given by Barbara Hoover and her husband, the defendant in error, under which the real estate thereby secured was sold, after her decease..
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In error from the District Court of Philadelphia. This was a feigned issue, directed to try the right to a fund paid into court by the sheriff, which remained after Satisfying a mortgage given by Barbara Hoover and her husband, the defendant in error, under which the real estate thereby secured was sold, after her decease.. The main question in the cause was the validity of a paper purporting to be the will of Mrs. Hoover, the mortgagor; the defendant in error, plaintiff below, claiming as her devisee, the defendant below as her heir at law. On the trial before Findlay, J., it appeared that,…
1Opinion of the CourtBell, J.
The principal question presented by the record for adjudication, Is whether, on the trial of the cause below, the legal execution of the paper averred to be the last will of Barbara Hoover, was duly proved ? Considered independently of the possibility which seems to be contemplated by the sixth section of the act of 8th April* 1833, of a party being prevented by the extremity *33of his last sickness, from either signing his last will, or procuring another to do it for him, — a contingency the present case does not offer for consideration, — the clear result of all the cases decided by this…
2Cases cited9 opinions
- Jackson ex dem. Norton v. WillardNew York Supreme Court · 1809
- Wilson v. TroupCourt for the Trial of Impeachments and Correction of Errors · 1823
- Post v. AverySupreme Court of Pennsylvania · 1843
- Rickert v. MadeiraSupreme Court of Pennsylvania · 1829
- Smith v. BonsallSupreme Court of Pennsylvania · 1835
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Estate of KnoxSupreme Court of Pennsylvania · 1890
- James' EstateSupreme Court of Pennsylvania · 1938
- Armendariz De Acosta v. CadenaCourt of Appeals of Texas · 1914
- Estate of Mary Jane WilsonSuperior Court of Pennsylvania · 1926
- Myers v. MyersSuperior Court of Pennsylvania · 1901
9 more not listed; retrieve them via the Exa API.