Browne v. Molliston
Supreme Court of Pennsylvania
This was a writ of error to the Court of Common Pleas for tbe City and County of Philadelphia, to remove the record of the proceedings on a feigned issue, which had been directed by the register of wills for the said city and county.
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This was a writ of error to the Court of Common Pleas for tbe City and County of Philadelphia, to remove the record of the proceedings on a feigned issue, which had been directed by the register of wills for the said city and county. The precept of the register recited, that a certain Nancy Molliston, on a certain day in the year 1835, presented to the then 3(11 agister *for probate a certain writing thereunto annexed, -* purporting to have been made on the 4th day of November, A. D. 1833, with the name or mark of Lunar Brown subscribed, &c.: and also recited that Robert Browne, who is a son…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.
This case arose on a dispute in the Register’s *134Court, to try whether a certain paper writing was the last will and testament of Lunar Browne, deceased.
The paper book submitted to us is exceedingly brief, or rather the account contained in it of what occurred in the Court below, is very brief, in some respects unsatisfactory, and in some, (as appeared by inspecting the record,) defective. Perhaps there is no class of cases in which so much testimony is given, which ought to have no weight with a jury, as in cases on wills, in which the…
2Cited by3 opinions
- Higgins v. CarltonCourt of Appeals of Maryland · 1868
- Wooddy v. TaylorSupreme Court of Virginia · 1913
- Smith v. OttleySupreme Court of Virginia · 1926