Graham's Estate

Citations

• 225 Pa. 314
• 74 A. 169
• 1909 Pa. LEXIS 656

Syllabus

<p>Will — Probate—Devisavit vel non — Testamentary capacity — Refusal of issue.</p> <p>The orphans’ court commits no error in refusing to award an issue devisavit vel non on the ground of testamentary incapacity, where the proponent calls the witnesses to the will and the two physicians who attended the testator at the time, who all testify that the deceased was fully capable of transacting business, while the contestant relies on witnesses who had not seen him within six months of his death, some of whom testify that at times he had been nervous, forgetful and incapable of attending, to business, while others who were physicians, testify that they had seen the testator at times from six months to four years before his death, that he was suffering from paresis and that the disease would incapacitate him mentally some weeks before it caused his death.</p>