The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-06-18
LDaAL xNTHLLIG1WCE.
A QUEER CASE.
RlistnlIe Beyond the Corrective Powers OF
the Legislature and the Courts.

n
the Legislature and the Courts
Registers Court.
This morning judge Ludlow the following decision
the settlement Of this state
mined to make will and each intended to give to the
survivor the property he she possessed ows
executed, and then placed in envelopes The
& ON S @
the husband had signed his wies WILL and the wife had
in this dilemma the wife obtained legislation and an
4 sS:a
70 dsd W Sns 0ou % san
SeT aPd Ito reform t said paper wrti9g
IN b for e city and spp a 5d
last will and testament as if the said writing had BEEN
signed by him with his hand and SEAL and by his
petition contemplated by the act Of Assembly has
deoeden they resist this application II ought
ther to be added tat the G wife Of George Alter not
doubt, matter Of fact that clear mistake
We will be best able to perform duty five first de-
we are asked S to ao in this
te' but which viii is to be reformed? I'm.
due form law, and which upon its testamenary
tbereore s%buatOS % until her death % Nor
this an We must 60 iqrther and byyrtue of legislative
and thus execute will for a dead man '' ""''
heard Of and can stand the test Of Judicial criticism
For the following we think the act is fatally de-
ters probate that now considered to be obso
S s rs s or Gn G @ S AS1%s E G
probate: Allen MeRierson, Hs Ids o. 1sI storys
And Ss 81 in he With
sards feormsites necessSTy in the execution Of wis
Oh a9 Adams tps, IL his G T3Tk SSsn@sntng
evidence Of mistake 50 as to supply cause word mad
be o 5 this p
is Correctly stated S + we as Png i to the
equity remarks:."It will be found we think, upon
either as to Stapoy int m Of the Of writing
1s
aTss IS
isSa It Is we settled that GRanoery never Teeses
sedsScks s Stat. and Const Law iol. f'O' o.
marked that among the host of cited by for
the wife not OF them is at all like this and for
%s S
S:sS sfs; TN tSs SsSS wills adsssase
Hs;kIigslssss, 3 and assliFsnos Of ss:sstSS;
10 ara 1 Is to the Se
every case which has to knowledge will, duly
sen ees to S law
in which court GO Of law or Of equity has ever exeSuted
rcestVe Court is in
viii O ne no
wife; s. thus reported :L
be tos e. e wills
that equity might put
the contents Of the one now before the Court
it, 1FRS
and executed that is il executed they at aud the
time but TT S eSs signed the Others
them so make Of OF them appear Of the
SoiSg But what is to % aons with this paper not
@ 0 to aae + t.
|
dsavSr to oiOthe case with I
IL S sSTed & @
the act evidence Of intention case in which there
and for the purposes Of this
It is clear for argument that, in the present cOndi
on q the evidence produced in this would
have have before said there latent ambiguity and
SbS ba al
among other things. that no be- deprived OF 6
s ss sSd
n; Rs''.,sss' H:.a H'S.@'SP,r'ls 4''ss
ssssUn o the lights aao
With power the force Si which can now be
decaratve Of peaslsy for Rrqhibsssd ,s act not
q the s exclude
branch % q G the sSsS and
were allowed TO take effect nthe form of statute Tn
sSd S5
overtuTn it, in single instance, the liberty of tn
citizen will be more"
What proposition be clearer than that at the mo
breath of the body of George A. Alter
his estate personal rested, in full property
his heirs and distributes under the intetae
of Pennsylvania IL is true, he have intended
execute awi but he did not in fact so do he signed
paper but not his will and the is not harder tina
that of person who, in disregard of statute of wills
signs his the top in place OF the end thersof
who adds codcil and does not execute who die
while his professional adviser preparing his will
This is hard case, but the injury which would be in
icted upon society by giving effect this act would
infinitely greater than any evil which will How from d
OF IL nd the time has not yet arrived when
any process Of legal enuiy aided by legislative action
the property of be arbitrarily given to
by any rescript Decree as Chief Justice G6so
calls H. such is called 10 notice in this
Without power at law equity aid this petitioner
and with constitutional provision staring in the
we decline to grant the prayer Of this petition
Petition dismissed
Patent Hotel Register Case
United States Circuit Court.