Betz's Estate

Citations

• 62 Pa. Super. 273
• 1916 Pa. Super. LEXIS 404

Syllabus

<p>Wills — Probate—Testamentary capacity — Undue influence — Evidence.</p> <p>An issue devisavit vel non will not be granted on the ground of lack of mental capacity, where the testimony shows that the testatrix was an unmarried woman about thirty-four years of age at the time she made her will, that she had fits of melancholy would get very angry and on several occasions attempted violence to those in the house with her, but that she kept a bank account, wrote her own checks, borrowed money, went to the stores and purchased articles, settled her mother’s estate, and according to the testimony of one doctor called by the caveator was rational to within a short time of her death.</p> <p>Such an issue will not be granted on the ground of undue influence where the testimony shows that testatrix lived with a sister who was beneficiary of the will, that the sister’s husband borrowed money of her, did errands for her and attended to some of her affairs when so requested by her, but there is nothing to show that she was under the control of her sister or the latter’s husband.</p>