McNitt's Estate

Citations

• 229 Pa. 71
• 78 A. 32
• 1910 Pa. LEXIS 554

Syllabus

<p>Wilis — Probate—Issue devisavit vel non — Testamentary capacity— Evidence — Scrivener.</p> <p>1. An issue devisavit vel non is properly refused when the evidence to establish testamentary incapacity is not of a very positive character as to testator’s physical and mental weakness while the evidence to sustain the will is by the scrivener and the two subscribing witnesses who testify positively to the fact that the testator knew what he was doing at the time he signed the paper, that he had knowledge of his personal and real estate, that he possessed sufficient understanding and reason, and expressed his desire as to where he wished his property to go.</p> <p>Wills — Probate—Issue devisavit vel non — Undue influence — Evidence.</p> <p>2. An issue devisavit vel non on the ground of undue influence will be refused where the most that can be found from the testimony is that there was an opportunity for the exercise of influence.</p>