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· 5/26/1921

Doster's Estate

Citations

  • 271 Pa. 68
  • 113 A. 831
  • 1921 Pa. LEXIS 456

Syllabus

<p>Wills — Probate — Issue devisavit vel non — Testamentary capacity — Insane delusion — Refusal of issue — Discretion of chancellor.</p> <p>1. An insane delusion is a belief in the existence o£ something that does not exis_t, and of which there is no evidence.</p> <p>2. The Supreme Court will not reverse a decree of the orphans’ court refusing an application for an issue devisavit vel non based on averments that testator was under a delusion which affected' his testamentary capacity, if it appears that there was no abuse of discretion in the action of the hearing judge sitting as a chancellor.</p>

Judges: Frazer, Kephart, Sadler, Simpson, Stewart, Walling

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