Burns v. Burns
Supreme Court of Pennsylvania
In Error. AN issue of devisavit vel non having been directed by the register’s court of Mifflin county to determine the validity of a paper, purporting to be the last will of James Burns, it was tried in the Common Pleas of that county, on the 19th M.ay, 1817, when, after much contradictory evidence had been given, which was left to the jury to decide, the Court laid down certain principles of law, one of which was considered by the counsel of the plaintiff in error, to be…
Read the full summary
In Error. AN issue of devisavit vel non having been directed by the register’s court of Mifflin county to determine the validity of a paper, purporting to be the last will of James Burns, it was tried in the Common Pleas of that county, on the 19th M.ay, 1817, when, after much contradictory evidence had been given, which was left to the jury to decide, the Court laid down certain principles of law, one of which was considered by the counsel of the plaintiff in error, to be erroneous. The circumstances of the case, and the exceptionable part of the charge, sufficiently appear in the opinion of…
1Opinion of the Court
The opinion of the Court was delivered by
Tilghman C. J.
This cause was tried in the Common Pleas, on an issue directed by the Register’s Court to decide the validity of a writing exhibited as the last will and testament of James Burns deceased. The error assigned, is in the charge of the Court. It appears from the evidence, that James Burns had made two wills j the first, written by William Starrett, and the last, (the one in question,) by Thomas Meminger. The will written by Meminger was produced on the trial, and well proved, according to the law of Pennsylvania. The objection to it was,…
2Cited by1 opinion
- Case of Barnet's AppealSupreme Court of Pennsylvania · 1831