Estate of Cahill

Citations

• 180 Pa. 131
• 36 A. 563
• 1897 Pa. LEXIS 889

Syllabus

<p>Will — Issue devisavit vel non — Undue influence — Evidence.</p> <p>On an application for an issue devisavit vel non it appeared that the testator left his son $10.00, stating in his -will that he had already been provided for. The testamentary capacity, of the testator was conceded, but it was claimed that his mind had been unduly influenced by malicious misrepresentations made to him by his daughters against the son, so that he was under a delusion as to his son’s dishonesty. The testimony showed that there was great unfriendliness between the son and his wife on one ■side, and the testator’s daughters on the other. The son had been in business with his father and had received one third of the profits, and had been ■in his father’s employ. Before the making of the will he had had a quarrel with his father over some real estate. About the same time testator learned of abusive language having been used to the son’s mother in his presence. It did not appear from the testimony that any statements made by the daughters had made any permanent impression on the testator’s mind, or had influenced him in making the will. The testimony showed that testator intimated two or three times to the son that he had been informed that the son had stolen from him, nevertheless he continued the son in his employ till a few months before he went out of business. The will was prepared by counsel without knowledge of any member of the family. Held, that it was proper to refuse an issue.</p>