Ferner v. Byers

Citations

• 219 Pa. 160
• 68 A. 48
• 1907 Pa. LEXIS 619

Syllabus

<p>Will — Issue devisavit vel non — Undue influence — Evidence.</p> <p>On the trial of an issue devisavit vel non there was evidence that the will was dictated by testator t'o counsel, written out by the latter in testator’s presence, read over to him and approved, no one else being present during this time, unless the person named as executor may have passed in and out of the room, but there was no testimony that he took any part in the matter. Testator did not sign it at once, but after dinner, at which nothing was said about the will, witnesses who had been sent for came in, and the will was signed in their presence. The principal beneficiary was not present, and was not shown to have had anything to do with the making of the will, or even any knowledge of its provisions. The testator lived two years- and a hah afterwards, driving about alone, and visiting his other relatives, with ample opportunity to alter his will if not satisfied with it. Testator lived with the beneficiary, and there were some meager allegations that the latter had kept other relatives away from testator, had endeavored to persuade him that an attempt had been made to poison him, and that he should have a revolver to protect himself from injury. Held, that the court committed no error in taking from the jury the question of undue influence.</p>