Fenn v. Read
Supreme Court of Pennsylvania
Ejectment for two-fifth parts of certain lauds in Southampton township. It was admitted that Thomas Walmesley, the father of the lessor of the plaintiff, had died seized of these lands, and left issue four children, of whom the plaintiff was the eldest.
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Ejectment for two-fifth parts of certain lauds in Southampton township. It was admitted that Thomas Walmesley, the father of the lessor of the plaintiff, had died seized of these lands, and left issue four children, of whom the plaintiff was the eldest. The defendant’s counsel offered to shew in evidence to the jury, that on a caveat having been filed against proving a paper purporting to be the will of Thomas Walmesley, the register, at the request of one of the parties, had sent an issue into the Court of Common Pleas of Bucks county, to try the fact; that upon a full trial and hearing, a…
1Opinion of the Court
Per Cur.
Ret the will and probate be read.
*87This having been done by the defendants’ counsel, and there appearing to be a devise therein of the lands in controversy to the defendants, they would proceed no further. They contended that they were not bound to call any witnesses, and that the evidence by them adduced was sufficient and conclusive as to the matter in dispute. They urged that the words of the act of assembly of 4th Annas, passed in 1705 (old ed. p. 14) expressly direct, that wills in writing proved by *Qcr two or more crc * dible witnesses within this cotnmon-00J wealth, or, in the…
2Cases cited4 opinions
- Case of Barnet's AppealSupreme Court of Pennsylvania · 1831
- Will of FransenSupreme Court of Pennsylvania · 1856
- Murry v. MurrySupreme Court of Pennsylvania · 1837
- Rohrer v. StehmanSupreme Court of Pennsylvania · 1833
3Cited by5 opinions
- Smith v. BonsallSupreme Court of Pennsylvania · 1835
- Stricker v. GrovesSupreme Court of Pennsylvania · 1840
- Rossetter v. SimmonsSupreme Court of Pennsylvania · 1821
- Hight v. WilsonSupreme Court of Pennsylvania · 1784
- Warner v. BrintonU.S. Circuit Court for the District of Eastern Pennsylvania · 1835