Hersperger's Estate

Citations

• 245 Pa. 569
• 91 A. 942
• 1914 Pa. LEXIS 920

Syllabus

<p>Wills — Probate—Issue devisavit vel non — Testamentary capacity — Execution—Signature of testator — Making mark — Evidence.</p> <p>1. An issue devisavit vel non is properly refused where it appears that the testator, a man seventy-nine years of age, was taken sick on a Sunday morning with senile pneumonia, and died on the following Thursday morning; that on Monday he gave details as to the preparation of his will and executed it the following day; that witnesses for the proponents testified that the testator was in his right mind until Wednesday night, when he became delirious; that the evidence offered to establish testamentary incapacity was all from interested witnesses, and was vague and unsatisfactory in character, while the attorney who drew the will and had exceptional opportunities for knowing testator’s mental condition and ability, and the two disinterested witnesses to the will, testified that the testator was fully capable when the will was executed.</p> <p>2. Where testator, on account of physical weakness and being confined in bed and not having a pen with which he was familiar, was unable to write his name legibly, and at the suggestion of his attorney made his mark, and the will was then witnessed by the attorney and two other witnesses, the execution is sufficient.</p>