Estate of Walton

Citations

• 194 Pa. 528
• 45 A. 426
• 1900 Pa. LEXIS 431

Syllabus

<p>Will — Godicil—Execution.</p> <p>A codicil not attested by one of the subscribing witnesses in the presence of the testatrix is validated by a subsequent codicil properly executed and attested, and containing an express republication of both the will and first codicil.</p> <p>Will — Issue devisavit vel non — Undue influence — Confidential relations.</p> <p>The rule that a person holding a confidential relation to a testatrix is bound to give affirmative proof that the will was the intelligent act of the testatrix does not apply where it appears that, by a previous will with which the beneficiary had nothing to do, testatrix had given the beneficiary precisely the same legacy as contained in the second will; that contestant received a large money legacy by the second will, whereas she received practically nothing by the first will, and that testatrix had instructed the beneficiary to take the former will to another person than the original scrivener, and to have a new will made just like the old one, except in the matter of certain specified changes.</p> <p>Will — Issue devisavit vel non — Use of intoxicating liquors.</p> <p>Where it appears that testatrix at the time she made the will was not affected by intoxication, evidence that she was in the habit of using intoxicating liquors in excess is immaterial.</p>