Estate of Royer

Citations

• 6 Pa. Super. 401
• 1898 Pa. Super. LEXIS 170

Syllabus

<p>Will — Issue d. v. n__When to be awarded or not.</p> <p>An issue d. v. n. is of right tvhen the fact arising and in dispute is substantive and material to the inquiry, unless the whole evidence of the fact alleged be so doubtful and unsatisfactory that a verdict against the validity of the will should not be permitted to stand.</p> <p>Will — Testamentary capacity — Degree of proof.</p> <p>Yague and indefinite indications of mental weakness will not suffice tc> deprive a man of his dominion over his estate, or defeat his right to dispose of it by Avill.</p> <p>Will — Testamentary incapacity — Issue d. v. n.</p> <p>An issue will not be awarded where the evidence showed that while the testator was advanced in years at the time of making the will, and not exempt from the infirmities of age or the impairment of the mental faculties, incident thereto, disclosed no positive mental disability or incompetence-to act understanding^, and where the sole act complained of was the displacement of the appellant as executor who was then eighty-seven, andl the substitution oí a younger man of unquestioned fitness.</p>