Estate of Foster

Citations

• 142 Pa. 62
• 21 A. 798
• 1891 Pa. LEXIS 707

Syllabus

<p>(a) In proceedings for an issue devisavitvel non, on the ground of insanity and undue influence, it was alleged as evidence of the former that the testatrix had conceived an intense and uncontrollable hatred of her son, the petitioner, pre-natal in its origin, and culminating in excluding him from participation in her estate.</p> <p>(b) The averment of undue influence was rested upon the fact that the daughters of the testatrix, her beneficiaries, resided with her in the closest intimacy, and opened, read, and concealed from her letters addressed to her by the petitioner; it appeared, however, the testatrix herself declined to receive communications from him:</p> <p>1. The evidence of the want of testamentary capacity and of undue influence being so doubtful and unsatisfactory that if, on the trial of an issue, a verdict against the will were rendered by a jury thereon, it should not be permitted to stand, if was not error to dismiss the appeal and refuse the issue prayed for.</p>