Aurand v. Wilt
Supreme Court of Pennsylvania
In error from the Common Pleas of Union. July 22. This was ejectment on a feigned issue to try the right of Elizabeth Beckley to one-third of The lands of Michael Peters, deceased, who left three heirs, of whom Elizabeth was one. The main question was whether Peters died intestate. It appeared that Peters had sustained an injury by falling from his horse, and requested a will to be written for him, not being satisfied with one then in his possession.
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In error from the Common Pleas of Union. July 22. This was ejectment on a feigned issue to try the right of Elizabeth Beckley to one-third of The lands of Michael Peters, deceased, who left three heirs, of whom Elizabeth was one. The main question was whether Peters died intestate. It appeared that Peters had sustained an injury by falling from his horse, and requested a will to be written for him, not being satisfied with one then in his possession. He gave the necessary directions for this purpose, and at the time was proved to be sensible and competent.to make a will. The scrivener having…
1Opinion of the CourtRogers, J.
The 6th see. of the act of the 8th April, 1833, enacts that every will shall be in writing, and unless the person making the same shall be prevented by the extremity of his sickness, shall be signed by him at the end thereof, or by some person in his presence, and by his express direction, and in all cases shall be proyed by the oaths or affirmations of two or more competent witnesses.
To constitute a valid will, it must be ordinarily proved to be the alleged will in writing, and signed by the testator. In the latter particular, it is admitted this will is deficient, as the name of the…
2Cited by7 opinions
- Wall v. WallSupreme Court of Pennsylvania · 1889
- Gilfillan v. SchallerSouth Dakota Supreme Court · 1913
- Jordan v. JordanSuperior Court of Pennsylvania · 1928
- Lemmon v. LemmonSuperior Court of Pennsylvania · 1911
- Hunter's EstatePennsylvania Orphans' Court, Philadelphia County · 1937
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