Wilson v. VanLeer
Supreme Court of Pennsylvania
ERROR TO THE COURT OK COMMON PLEAS OP LANCASTER COUNTY. No. 155 January Term 1889, Sup. Ct.; court below, No. 29 December Term 1884, C. P. On August 22, 1885, an issue devisavit vel non, wherein Joseph VanLeer and Caroline, his wife, in right of said Caroline, were plaintiffs, and Sidwell T. Wilson and Needham M. Wilson, executors of the will of Needham Wilson, were defendants, was- formed to try whether or not a certain testamentary paper was a codicil to the last will and…
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ERROR TO THE COURT OK COMMON PLEAS OP LANCASTER COUNTY. No. 155 January Term 1889, Sup. Ct.; court below, No. 29 December Term 1884, C. P. On August 22, 1885, an issue devisavit vel non, wherein Joseph VanLeer and Caroline, his wife, in right of said Caroline, were plaintiffs, and Sidwell T. Wilson and Needham M. Wilson, executors of the will of Needham Wilson, were defendants, was- formed to try whether or not a certain testamentary paper was a codicil to the last will and testament of Needham Wilson. The issue had been directed by the Orphans’ Court upon an appeal by said executors from the…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell:
The competency of Cornelius Carman was in the first instance clearly a matter for the court, and no subsequent evidence having raised any dispute of fact upon it, the learned judge was right in saying that the court was the sole judge of competency, and refusing to allow the jury to review the ruling. Had the facts upon which the judge held him prima facie competent been denied or contradicted, it might have been proper to submit the whole matter to the final decision of the jury: Lee v. Welsh, 1 W. N. 453 ; but there was no such conflict as made that course…
2Cases cited3 opinions
- State v. MorrisSupreme Court of Connecticut · 1879
- Philadelphia, Wilmington & Baltimore Railroad v. LehmanCourt of Appeals of Maryland · 1881
- McIntosh v. LeeSupreme Court of Iowa · 1881
3Cited by21 opinions
- Remus v. United StatesCourt of Appeals for the Sixth Circuit · 1923
- Irwin v. PatchenSupreme Court of Pennsylvania · 1894
- Steel v. SnyderSupreme Court of Pennsylvania · 1928
- Commonwealth v. McCaskillSupreme Court of Pennsylvania · 1983
- State v. Van NessSupreme Court of Vermont · 1938
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