McKenna v. McMichael

Supreme Court of Pennsylvania January 3, 1899

McKenna v. McMichael, 189 Pa. 440 (Pa. 1899)

42 A. 14; 1899 Pa. LEXIS 664

Dean, Fell, Green, McCollum, Mitchell

Opinion of the Court

Per Curiam,

The learned court below was entirely correct in excluding the offers to prove the contents of the alleged second will. There was no sufficient proof of the execution of that will, and hence its contents could not be given in evidence. The reasons for the rulings of the court are sufficiently set forth in the opinion on the motion for a new trial and need not be repeated.

Judgment affirmed.

Reference

Full Case Name: McKenna and John McKenna, Executors of James McMichael and Mrs. Samuel McMichael, Harry Walter McMichael, Samuel McMichael, Mrs. Harry Walter McMichael, James Bryan, William Kessler and John S. Flack v. Walter McMichael and Elizabeth J. McMichael
Cited By: 5 cases
Status: Published
Syllabus: Will—Execution of will—Lost will—Evidence—Issue devisavit vel non. The contents of an alleged lost will, relied on as a revocation of one of an earlier date offered for probate, cannot be shown where its execution has been proved by the testimony of only one witness, without the necessary corroborating circumstances.