McBride's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia: No. 275, to January Term 1871. In the estate of Martha McBride, deceased. The decedent, then a resident of Minnesota, on the 7th of June 1867, made her will which was signed by herself and her husband John McBride, “who hereby consents to and approves of the foregoing will.”
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Appeal from the Orphans’ Court of Philadelphia: No. 275, to January Term 1871. In the estate of Martha McBride, deceased. The decedent, then a resident of Minnesota, on the 7th of June 1867, made her will which was signed by herself and her husband John McBride, “who hereby consents to and approves of the foregoing will.” She gave real estate which ■ she owned in Philadelphia to her children, Samuel McCanless and others whom she named, “ to be equally divided between them, share and share alike.” She authorized her executors to rent her real estate, and put the proceeds to interest, and if…
1Opinion of the Court
The opinion of the court was delivered, by
Williams, J.
— It is clear that the appellant was not admissible as a witness in support of his own claim as a creditor of the estate of his deceased wife, unless he was rendered competent by the Act of 15th April 1869. That act declares that “ no interest nor policy of law shall exclude a party or person from being witness in. any civil proceeding: Provided, this act shall not alter the law as now declared and practised in the courts of this Commonwealth, so as to allow husband and wife to testify against each other, nor counsel to testify to the…
2Cited by11 opinions
- Crosetti's EstateSupreme Court of Pennsylvania · 1905
- Estate of HighPennsylvania Orphans' Court, Berks County · 1890
- Estate of LawSupreme Court of Pennsylvania · 1891
- Commonwealth v. Cochran, Pennsylvania Court of Common Pleas, Butler County1892
- Haas v. FitzpatrickSuperior Court of Pennsylvania · 1934
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