Cox's Estate

Citations

• 167 Pa. 501
• 31 A. 747
• 1895 Pa. LEXIS 939

Syllabus

<p>Will — Issue devisavit vel non — Testamentary capacity.</p> <p>On a petition for an issue devisavit vel non the contestants called four witnesses, one of whom testified that he had been in the employ of the testator in the mornings, and that he had to help the testator in the morning from the train to his place of business. He stated that testator had not been capable of any prolonged mental effort, though he admitted that he could “ understand for a little while.” He also admitted that testator had signed all checks, although they were otherwise filled in by the witness, and that he knew the various persons employed in his business. The second witness stated that he did not know testator until a year after the execution of the will. His testimony was substantially the same as. the first witness. The other two witnesses were physicians who stated that testator was without testamentary capacity, but they were unable to give a single instance in which they had heard him utter a foolish, insane, or incoherent remark. Fifteen witnesses for the proponent testified to facts strongly bearing upon testator’s testamentary capacity. They testified that testator was nearly blind, that he was suffering from Bright’s disease, which caused him great depression of spirits, but that he was able to go about unattended almost to the time of his death; that he was the director of a bank, and was re-elected each year of his life, that he usually attended the directors’ meetings and voted intelligently; that he knew his acquaintances, recognizing them by their voices, and that he talked with them rationally on the topics of ordinary conversation, without the least indication of mental incapacity; that the will was prepared by an eminent attorney, from instructions given by the testator himself; that the will was read to him, and fully understood at the time it was executed. Held, that an issue was properly refused.</p>