Wigle v. Wigle
Supreme Court of Pennsylvania
ERROR to the common pleas of Westmoreland county. This was a feigned issue to try the validity of a paper purporting to be the last will and testament of Daniel Wigle, deceased. The plaintiff, to sustain the issue on his part, gave the following testimony: Thomas Hanna, sworn, testified: It is my belief that the name is Daniel Wigle’s handwriting. I have seen him write often: he lived within eighty rods of my house for twelve years.
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ERROR to the common pleas of Westmoreland county. This was a feigned issue to try the validity of a paper purporting to be the last will and testament of Daniel Wigle, deceased. The plaintiff, to sustain the issue on his part, gave the following testimony: Thomas Hanna, sworn, testified: It is my belief that the name is Daniel Wigle’s handwriting. I have seen him write often: he lived within eighty rods of my house for twelve years. I am acquainted with his handwriting: seen him write his name different -times. About a year before the date of this paper, saw him write his name: perhaps it was…
1Per curiam
When the cause was here before, (5 Watts 486,) the argument presented a question of proof, not of testamentary character; and no more was decided. Had the character of the paper been before us, we might very possibly have determined against its right to probate; for, viewed in connection with the parol proofs, it looks so very like a contract for maintenance put in writing, to preserve the evidence of it from the casualty of sudden death, that it is difficult to believe that it might not have afforded reciprocal remedies. But conceding it was originally intended for a will, nothing is clearer…
2Cases cited1 opinion
- Weigel v. WeigelSupreme Court of Pennsylvania · 1836
3Cited by2 opinions
- Ferguson v. FergusonTexas Supreme Court · 1864
- Kirk v. McCuskerNew York Court of Common Pleas · 1893