Keisler's Estate

Citations

• 213 Pa. 9
• 62 A. 108
• 1905 Pa. LEXIS 364

Syllabus

<p>Wills — Probate,—Undue influence — Evidence.</p> <p>In a proceeding to determine the validity of a will it was alleged that the will was procured by the undue influence of the sister of testatrix, who was the principal beneficiary. The evidence showed that the testatrix had complained of the neglect of her children, and that shortly before her death she went to live with her sister in another county. While residing with her sister testatrix expressed a desire to change a former will, and the sister telephoned to a lawyer to come to her house, and at testatrix’s request she wrote to a lawyer who had possession of the former will to send it to testatrix. The sister was not present when the new will was executed or at any discussion relating to ic. There was no evidence that she used any influence or persuasion upon the testatrix. She was uniformly kind to testatrix, and the latter frequently expressed her satisfaction at the kind treatment and good care which she received from her sister. The sister denied the charge of undue influence and testified that testatrix made the suggestion in the first place as to her change of residence. Held, that the evidence was. insufficient to sustain a finding that the will had been procured by undue influence.</p>