Swope v. Donnelly

Citations

• 190 Pa. 417
• 42 A. 882
• 1899 Pa. LEXIS 1038

Syllabus

<p>Wills — Probate—Issue devisavit vel non — Forgery—Evidence—Declarations of testator.</p> <p>In an issue devisavit vel non, declarations of the decedent, whether made before or after the date of a will, are not in themselves sufficient either to establish the execution of the will, or to overcome the testimony of the subscribing witnesses. They are admissible only for the purpose of corroborating the direct proof of its execution, and their admission should be carefully guarded, and their effect as corroborative evidence clearly defined.</p> <p>Where a will attacked on the ground of forgery is dated in December, and its execution is proved by a number of witnesses, declarations of the decedent made in the preceding October as to the existence and provisions of another will, and her satisfaction with the same, are inadmissible.</p> <p>Where an alleged will is attacked on the ground of forgery, declarations of decedent made five years before her death, and before the date of the execution of the alleged will, that she intended to make a will disposing of her property in a certain way, are inadmissible.</p> <p>Practice, Supreme Court — Assignments of error.</p> <p>An assignment of error alleging that the court erred in admitting certain evidence, without setting forth the evidence, is not in compliance with the rules of the Supreme Court, and will not be considered.</p>