Loeser's Estate

Citations

• 167 Pa. 498
• 31 A. 732
• 1895 Pa. LEXIS 938

Syllabus

<p>Will — Devisavit vel non — Testamentary capacity — Undue influence.</p> <p>A testator lias the right to do as he deems best with his own property, to prefer one child to another, or disinherit one or more at his discretion. The court will not interfere with this statutory dominion for slight causes in order to produce an equality where a testator has seen fit to make inequality.</p> <p>An issue devisavit vel non will not be granted on the ground of lack of testamentary capacity'where the testimony shows that the will was executed nearly two years jiriorto testator’s death, in the office of his conveyancer, by whom it had been prepared according to testator’s instructions in the presence of two credible, disinterested, subscribing witnesses, and that although the testator was eighty-three years old, yet he was, in the opinion of the subscribing witnesses and his attending physician, possessed of remarkable mental vigor, business ability and knowledge of his affairs.</p> <p>In such case an issue will not be granted on the ground of undue influence where, in addition to the above facts, it appears that the will was practically a counterpart of a will executed six years before, at which time it was not claimed that testator was under any undue influence, and where there was no evidence that the will in controversy was prepared through the interference or suggestion of the daughter benefited, or that she gave any instructions to the conveyancer, or that she was present at its execution, or that she ever had the will in her possession, or that she had used any deception or artifice to prejudice him against his other children.</p>