Myers v. Vanderbelt
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lycoming county: Of May Term 1877, No. 23. This was a feigned issue to try the validity of the will of William R. Yanderbelt, deceased, wherein Barbara J. Vanderbelt, his widow, and others were plaintiffs, and Thomas Myers and wife and others defendants. The contestants were the sisters of the deceased.
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Error to the Court of Common Pleas of Lycoming county: Of May Term 1877, No. 23. This was a feigned issue to try the validity of the will of William R. Yanderbelt, deceased, wherein Barbara J. Vanderbelt, his widow, and others were plaintiffs, and Thomas Myers and wife and others defendants. The contestants were the sisters of the deceased. William R. Vanderbelt died at the age of fifty-six, on the 31st of December 1873, leaving a will dated the 9th of January 1872. He left a widow but no children. His will, which was duly probated, was written and signed in pencil. There were no subscribing…
1Opinion of the CourtJustice Mercur
This case presents the single question, whether an instrument wholly written and signed with lead pencil, may be a valid will ?
The sixth section of the Act of Assembly of 8th April 1838 declares “ every will shall be in writing.” It does not indicate the material on which it shall be written, nor the instrument or materials with which the writing shall be impressed. In Blackstone’s Com., Book.II., p. 297, it is said “a deed must be written or I presume printed, for it may be in any character or any language; but it must be upon paper or parchment. For if it be written on stone, board, linen,…
2Cases cited2 opinions
- Merritt v. ClasonNew York Supreme Court · 1815
- Closson v. StearnsSupreme Court of Vermont · 1831
3Cited by4 opinions
- Estate of TomlinsonPennsylvania Orphans' Court, Montgomery County · 1890
- Flanders v. SnareSuperior Court of Pennsylvania · 1908
- Smith v. BealesSuperior Court of Pennsylvania · 1907
- Wells Will, Pennsylvania Court of Common Pleas, Montgomery County1965