Kane's Estate

Citations

• 206 Pa. 204
• 55 A. 917
• 1903 Pa. LEXIS 676

Syllabus

<p>Will — Probate—Issue devisavit vel non — Testamentary capacity — Undue influence.</p> <p>In an issue devisavit vel non where the testimony of the counsel who drew the will and the physician who attended the testator at the time, is positive as to testamentary capacity, there is a prima facie case which requires very strong evidence to offset.</p> <p>In such eases the testator’s actions and conduct of his business are of far more weight than the opinions of medical experts or the gossip of neighbors.</p> <p>Evidence discussed •'and held insufficient to justify submission to jury.</p>