Allshouse v. Kelly

Citations

• 219 Pa. 652
• 69 A. 88
• 1908 Pa. LEXIS 646

Syllabus

<p>Will — Probate—Undue influence — Devisavit vel non.</p> <p>The mere fact, without more, that a testator gave the greater part of his estate to a woman with whom he had sustained illicit relations, and by whom he had a child bom after his death, does nqt of itself furnish sufficient evidence of coercion or restraint in connection with the making of the will.</p> <p>Where evidence has been offered showing some moral or physical constraint operating on the mind of the testator at the time the will was made, such circumstances as those above referred to may properly be considered in an issue of this kind; but to allow a jury from such circumstances alone to defeat a disposition a testator has made of his property, would be in open disregard of the unquestioned right which everyone master of himself has to give his property to whom he pleases.</p>