McCay v. Clayton

Citations

• 119 Pa. 133
• 12 A. 860
• 1888 Pa. LEXIS 534

Syllabus

<p>1. Under § 7, act of April 22, 1856, P. L. 533, the decree of the register, refusing to admit a testamentary paper to probate as a last will and testament, is conclusive in a collateral proceeding.</p> <p>2. On an issue devisavit vel non, the verdict and judgment were against the validity of a will devising land to two children for life, with a contingent remainder to their children as yet unborn. The other heirs at law then brought ejectment to recover from the devisees for life in possession: Held, that the judgment on the issue was conclusive, not only against the defendants, but against the yet unborn remaindermen.</p>