Legal Opinion

Werkheiser v. Werkheiser

Supreme Court of Pennsylvania

Decided December 15, 1843PublishedCited by 7 opinions

ERROR to the Common Pleas of Northampton county. This case came before the Register’s Court on an appeal from the register. Sarah Werkheiser and Salome Werkheiser appeared before that court, the former alleging that David Werkheiser had .made his nuncupative last will and testament, and the latter denying the same. Sarah, as the legatee named in the will, applied to the court to award an issue to the Common Pleas to try the questions of fact in the cause.

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ERROR to the Common Pleas of Northampton county. This case came before the Register’s Court on an appeal from the register. Sarah Werkheiser and Salome Werkheiser appeared before that court, the former alleging that David Werkheiser had .made his nuncupative last will and testament, and the latter denying the same. Sarah, as the legatee named in the will, applied to the court to award an issue to the Common Pleas to try the questions of fact in the cause. Salome objected to the granting of the issue, that she did not deny any matter of fact stated in the evidence of Sarah, and that the…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

The 1st and 2d errors assigned are inapplicable to the case as now brought before us by writ of error from the Court of Common Pleas. The only mode of inquiring whether the issue was properly directed would be by appeal from the Register’s Court, who had full jurisdiction to direct an issue, and the Court of Common Pleas could not refuse to try it. We cannot inquire collaterally into the act of the Register’s Court in directing this issue. Nor was it important in the Common Pleas that the defendant resisted the making of the issue or…

2Cases cited2 opinions

  1. In re the alleged nuncupative will of YarnallSupreme Court of Pennsylvania · 1833
  2. Boyer v. FrickSupreme Court of Pennsylvania · 1842

3Cited by7 opinions

  1. Estate of WileySupreme Court of Pennsylvania · 1898
  2. Commonwealth v. ClarkSuperior Court of Pennsylvania · 1896
  3. Scaife v. EmmonsSupreme Court of Georgia · 1890
  4. McClellan's EstateSupreme Court of Pennsylvania · 1936
  5. Megary's EstateSuperior Court of Pennsylvania · 1904

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