Bradley v. Pierce

Citations

• 180 Pa. 262
• 36 A. 740
• 1897 Pa. LEXIS 915

Syllabus

<p>Will — Issue devisavü vel non — Godieil.</p> <p>On an issue to determine the validity of a codicil to a will, the alleged signature of the testator was not attested by any subscribing witness. The evidence as to the genuineness of the signature was conflicting. Issues were also raised as to the testator’s testamentary capacity, and as to whether he had been subjected to undue influence. The court instructed the jury that if they found that the signature to the alleged codicil was not genuine, their verdict should be for the defendants in this issue, and it would not be necessary for them to consider and determine any of the other issues in the case. The jury found specifically that the testator did not execute the alleged codicil. There was evidence, though contradicted, to justify this finding. Held, that a judgment on the verdict should be sustained.</p>