Caven v. Agnew

Citations

• 186 Pa. 314
• 40 A. 480
• 1898 Pa. LEXIS 1002

Syllabus

<p>Devisavit vel non — Burden of proof — Confidential relation.</p> <p>While the law is plain that whenever one holding a confidential relation to a testator writes or procures to be written for him a will, and thereunder takes a substantial benefit, and the faculties of the said testator are at the time of making the will impaired, although not to the point of destruction of testamentary capacity, there is a presumption that undue influence has been brought to bear on the testator, and the burden lies on the beneficiary to rebut the presumption and to show that the transaction was fair and conscientious and beyond the reach of suspicion, yet when, in an issue devisavit vel non, a jury has been instructed to the foregoing effect, and there is conflicting testimony, so that the decision of the questions of good faith on the part of the beneficiary and the existence of undue influence must rest upon inferences to be drawn from facts, a court does not err in submitting the questions to the jury as being within its peculiar province.</p>