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· 11/11/1889

Est. of McDonald

Citations

  • 130 Pa. 480
  • 18 A. 617
  • 1889 Pa. LEXIS 1217

Syllabus

<p>1. The will of a decedent, domiciled in this state but dying in a foreign country, having been admitted to probate and filed in the probate court of the foreign country, a copy thereof duly proved by the testimony of the subscribing witnesses taken upon a commission, is entitled to be admitted to probate in the court of the domicile in this state.</p> <p>2. On an application for an issue devisavit vel non, alleging testamentary incapacity and undue influence, testimony showing that the mind of the testatrix was somewhat weak and vacillating, and that the alleged will was made in favor of a beneficiary with whom she formerly had not been on friendly terms, is insufficient to warrant the ordering of an issue.</p>

Judges: Clark, Green, McCollum, Mitchell, Paxson, Sterrett, Williams

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