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2 Monag. 321

Hoar v. Leaman

Supreme Court of Pennsylvania

Decided October 1, 1888

Supreme Court of Pennsylvania · decided 1888-10-01

Error, No. 113, Jan. T., 1888, to C. P. Lancaster Co., to review a judgment on a verdict for plaintiffs on an issue devisavit vel non, by Millard Leaman and others, against Jame.s Hoar and others, to try the validity of a paper purporting to be the will of -John B. Hoar, deceased, at March T., 1886, No. 53. Trunkey, J., absent. The pleadings are not given in the paper-books. These facts appeared, at the trial, before Livingston, .P. J.: The decedent died in November, 188$.

Decided 1888-10-01

Per Curiam,

¶1An examination of this case exhibits nothing that was even technically wrong in its trial and disposition in the court below. If, however, there were such error, we would not, on that account, reverse unless we were clearly satisfied that it materially affected the result, and led the jury to a wrong conclusion.

¶2The weight of the evidence is very decidedly in favor of John B. Hoar’s testamentary capacity, and we would be unwilling to disturb a sound and righteous verdict even on exceptions much less dubious than those before us. ■

¶3The judgment is affirmed.

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