Logan's Estate

Citations

• 195 Pa. 282
• 45 A. 729
• 1900 Pa. LEXIS 626

Syllabus

<p>Will—Probate — Issue devisavit vel non — Presumption—Undue influence.</p> <p>The fact that a son of the testatrix, and the principal beneficiary under her will had at one time assisted his mother in making sale of her house, and at the time the will was made was her attorney in fact to collect an inheritance, and that he procured the scrivener who wrote the will, and gave him the data from which it was prepared, raises no presumption against the validity of the will, where it has been duly probated in the usual form. In such a case in the absence of all evidence of physical constraint, fraud, imposition, circumvention and falsehood, nothing short of a mental weakness that left testatrix’s will subject to her son’s, and made her willing to adopt his for her own, could avail the contestant; and in order to prevail the contestant would be obliged to go further and produce evidence warranting a finding that testatrix’s mind had been in point of fact dominated and imprisoned by her son.</p> <p>Where the charge is that undue influence was exerted upon a mind healthy, strong and' free, nothing short of direct proof will avail, and it must be clear and convincing.</p> <p>The fact that the son of testatrix, who was the principal beneficiary under her will, concealed from his sister, the contestant, the fact of the execution of the will, is not sufficient in itself to justify the court in awarding an issue devisavit vel non, where there is no evidence of mental incapacity to make a will, and there is no evidence of duress or undue inflence on the part of the son.</p> <p>The fact that testatrix at the time she executed her will was in a condition of drowsiness is immaterial in determining whether an issue should be granted, where it appears that testatrix lived three weeks afterwards, was conscious of the fact that she had executed a will, and with abundant opportunity to express her dissatisfaction, allowed things to remain as they were.</p>