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Daly's Estate

Citations

  • 55 Pa. Super. 488
  • 1913 Pa. Super. LEXIS 400

Syllabus

<p>Evidence — Lost letter — Proof of contents — Qualification of witness.</p> <p>1. Where the determination of an issue turns upon the contents of a lost letter, a witness should be permitted to testify as to such contents, where she states that she knew the handwriting of the person who had sent the letter, that she received the letter, had it in her possession, that it came from the writer, and that it was lost and could not be found after diligent search; and this is the case although the witness may not be able to state the precise language of the writing.</p> <p>Appeals — Assignments of error — Exceptions to adjudication.</p> <p>2. A single assignment of error to the action of the orphans’ court in dismissing a number of exceptions to the adjudication is improper and will not be considered.</p> <p>3. An assignment of error to the exclusion of testimony will not be considered where no exception was taken to the ruling of the trial judge.</p>

Judges: Head, Hendebson, Mobbison, Morrison, Oblady, Poetes, Rice

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