Macauley's Estate

Citations

• 224 Pa. 1
• 73 A. 181
• 1909 Pa. LEXIS 716

Syllabus

<p>Will — Issue devisavit vel non — Testamentary capacity — Undue influence — Evidence—Refusal of issue.</p> <p>On. an application for an issue devisavit vel non it appeared that testator was a man addicted to drink, and at times became intoxicated. Some years before the making of the will in controversy, he had been placed in a lunatic asylum, but was subsequently released on a lunacy commission declaring him sane. Afterwards on account of his habits he voluntarily went into a hospital where he stayed until his death sixteen years afterwards. Ten years before his death he signed the will giving the bulk of his fortune to the hospital. At this time all of his immediate family were dead, and his only relatives were certain cousins with whom he had little to do. His affairs were in the hands of a friend whom he made substituted residuary legatee in case of his death within a calendar month. This friend supported by the testator directed that certain cousins who were begging him for money should not be admitted to the hospital. There was no evidence that any officer of the institution had anything to do with the making of the will. It was prepared by a reputable lawyer, and witnessed by a friend and a temporary resident physician. The uneontradicted evidence showed that testator at the time of the making of the will was in full control of his faculties and able to attend to his affairs, although occasionally under the influence of liquor. The testator took great interest in the hospital, its officers and patients, and contributed considerable sums of money for appliances useful for the patients. Held, that an issue was properly refused.</p>