Keebler v. Shute

Citations

• 183 Pa. 283
• 38 A. 586
• 1897 Pa. LEXIS 756

Syllabus

<p>Wills — Devisavit vel non — Practice.</p> <p>On an issue devisavit vel non where several questions are propounded by the orphans’ court, the jury should answer each question separately.</p> <p>Wills — Issuer—Devisavit vel non — Testamentary capacity — Province of court and jury.</p> <p>In a proceeding devisavit vel non where one of the issues is “ whether at the time of signing said paper writing the decedent had testamentary capacity,” it is improper to add the issue “ whether the decedent had a full and intelligent understanding of the nature of said paper writing and of the dispositions it contained.” The repetition of the question as to testamentai-y capacity in different phraseology is not only unnecessary, but is calculated to cause confusion and to embarrass the trial judge in his effort to present the subject clearly and concisely to the jury.</p> <p>On an issue to determine whether an alleged testator has testamentary capacity, a verdict and judgment'in favor of the contestant will be sustained whore the evidence for the contestant, although contradicted, tended to show lack of testamentary capacity, and the trial judge laid down the proper legal rules by which the jury were to be governed in reaching their verdict.</p>