Wallize v. Wallize
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Northumberland county. Feigned issue to try the validity of a paper writing, purporting to he the will of John Wallize, deceased. The will had been admitted to probate, December 14th 1863, by the register; on appeal by John Wallize, a son of the testator, the Register’s Court ordered an issue, and directed the appellant should be the plaintiff, and Sarah Wallize, his widow, and others, devisees in the will, should be defendants.
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Error to the Court of Common Pleas of Northumberland county. Feigned issue to try the validity of a paper writing, purporting to he the will of John Wallize, deceased. The will had been admitted to probate, December 14th 1863, by the register; on appeal by John Wallize, a son of the testator, the Register’s Court ordered an issue, and directed the appellant should be the plaintiff, and Sarah Wallize, his widow, and others, devisees in the will, should be defendants. As the case therefore was tried in the Court of Common Pleas, the plaintiff assailed the will and the defendants sustained it.…
1Opinion of the Court
The opinion of the court was delivered, May 20th 1867, by
Read, J.
— This was an issue devisavit vel non, directed by the Register’s Court, upon an appeal from the register of wills of the county of Northumberland, admitting to probate a paper purporting to be the last will and testament of John Wallize, late of Lewis township, deceased, in which, by direction of the court, John Wallize, the appellant, was plaintiff, and the devisees of the testator defendants. There are omitted from the devisees named as defendants the six grandchildren of the decedent, the heirs of his daughter Abby Gray,…
2Cases cited1 opinion
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