Ewart's Estate

Citations

• 246 Pa. 579
• 92 A. 708
• 1914 Pa. LEXIS 562

Syllabus

<p>Wills — Devisavit vel non — Undue influence — Meretricious relations with testator — Insufficient evidence.</p> <p>A petition for an issue devisavit vel non alleging that the principal beneficiary under the will had exercised undue influence over the testator, is properly refused where it appears that the testator, ■ a man thirty-four years of age, disinherited his mother, who had no estate of her own, and devised his entire estate to his aunt; that testator was periodically an excessive drinker, and at one time when in that condition was confined in the county jail with the knowledge and consent of his mother; that his estate was all inherited from his father who was divorced from his mother; that he had not lived with his mother for two years prior to his death, but during that time had resided with his paternal grandmother, with whom his aunt, the beneficiary, and her husband also lived; that testator when sober was strong in intellect and will power; that the beneficiary was not present when the will was written or signed and took no part in its preparation, but later on the day of its execution testator handed the will sealed in an envelope to her and she kept it until his death; that there was nothing to indicate that testator could not have executed another will subsequently had he desired to do so; and contestant’s claim that meretricious relations had existed between testator and his aunt was insufficiently sustained.</p>