Kesler v. Hugus

Citations

• 271 Pa. 512
• 115 A. 875
• 1922 Pa. LEXIS 747

Syllabus

<p>Wills — Probate—Undue influence — Evidence—No case for fury.</p> <p>In a will contest, tbe case should not be submitted to the jury, where the evidence shows that testator had the benefit of advice of counsel, that his will was executed, at a time when none of the beneficiaries were present, pursuant to an oft-repeated, openly expressed intention to disinherit a son who had so far repudiated his father as to refuse his name; which fixed purpose was deliberately persisted in over a period of sixteen years, as evidenced by the republication of the will on two occasions; and this is particularly so, where the contestant offers nothing but a mass of oddly assorted circumstances and inconclusive statements to establish his claim that undue influence was exerted.</p>