Friday's Estate

Citations

• 260 Pa. 157
• 103 A. 553
• 1918 Pa. LEXIS 485

Syllabus

<p>Wills — Testamentary capacity — Insane delusions — Exaggerated idea of estate — Evidence—Insufficiency—Issue devisavit vel non— Refusal.</p> <p>1. A delusion exists only where there is no basis in fact for the belief, and a testator cannot he said to he laboring under a delusion ' merely because he has an exaggerated idea of the amount of his estate, which in fact is extensive.</p> <p>2. The fact that testator, a man seventy years of age and possessing an estate valued at $600,000, was under the mistaken impression that the value of his investments was much greater than that amount, is not in itself sufficient evidence that testator was laboring under insane delusions, especially where it appeared that until the time of his death he was in full strength and vigor of mind and body, and the will itself furnished no evidence of any delusion, hut provided for an equitable distribution of testator’s property among his children and grandchildren; and in such case an issue devisavit vel non was properly refused.</p>