Herr's Estate

Citations

• 251 Pa. 223
• 96 A. 464
• 1915 Pa. LEXIS 661

Syllabus

<p>Wilts — Execution—Mental incapacity — Undue influence — Issue devisavii vel non — Refusal.</p> <p>1. A delusion which will render invalid' a will executed as the direct result of it, is an insane belief or a mere figment of imagination, a belief in the existence of something which does not exist, and which no rational person would believe did exist. Where the belief is based upon some substantial ground, reasonably calculated to produce it, the theory of an insane delusion necessarily disappears.</p> <p>2. One who is of a sound and disposing mind is entitled to distribute his property as he may see fit, without regard to the personal motives or prejudices which influence him.</p> <p>3. Undue influence is an influence existing at the time of the execution of the will and such as to constitute physical or moral coercion to such a degree as to prejudice the mind of the testatrix and destroy her full agency.</p> <p>4. An issue devisavit vel non asked for on the grounds of mental incapacity and undue influence was properly refused where it appeared that the evidence as to the former consisted mainly of testimony that testatrix had an attack of epilepsy at a time nine years prior to the date of the will, while opposed to this was the testimony of two physicians who attended deceased at the time and shortly prior to her death, to the effect that no epilepsy existed, and also the testimony of the witnesses to the will, to the effect that testatrix was mentally sound and competent when the will was executed, while the allegation of undue influence was supported merely by evidence to the effect that the testatrix subsequent to the execution of her will and before her death, partly carried out its provisions by giving a large part of what would have belonged to her residuary estate to the beneficiary named in the will, in consideration of the payment to her of interest thereon during her life.</p>