Breining v. Born

Citations

• 230 Pa. 24
• 79 A. 167
• 1911 Pa. LEXIS 555

Syllabus

<p>Will — Probate—Issue devisavit vel non — Undue influence.</p> <p>On an issue devisavit vel non the case should not be submitted to the j ury where no evidence is offered of any direct influence upon the testator by any one, or of any solicitation in regard to the will, and the only evidence offered to support the charge of undue influence is that some of the beneficiaries who resided with the testator drove one of the contestants, a son, from the testator’s house on account of drunkenness, and talked against the father of another of the contestants, a grandson, because he had treated with disrespect his wife, who was testator’s daughter, and that two of the daughters who kept house for the testator had great influence over him.</p>