Draper's Estate

Citations

• 215 Pa. 314
• 64 A. 520
• 1906 Pa. LEXIS 787

Syllabus

<p>Wills — Devisavit vel non — Testamentary capacity — Evidence.</p> <p>Where the weight of testimony is in support of testamentary capacity, the testimony of insufficiently informed witnesses undertaking to testify as experts that in their opinion the testator did not have testamentary capacity will not be considered as a ground for granting an issue devisavit vel non.</p> <p>Opinions when opposed to established facts are not entitled to much respect.</p> <p>The mere fact that a testator at the time his will was made was an inmate of an insane asylum is not a sufficient ground for granting an issue devisavit vel non, where the uncontradicted testimony shows that the testator had testamentary capacity when he executed his will.</p>