Moershfelder's Estate

Citations

• 67 Pa. Super. 615
• 1917 Pa. Super. LEXIS 467

Syllabus

<p>Wills — Probate—Issue devisavit vel non — Undue influence.</p> <p>An issue devisavit vel non is a matter of right where the existence of a substantial dispute upon a material question of fact is demonstrated to the court by competent evidence which under the circumstances of the case, measures in probative force up to the requirements of the law;, but if the testimony is such that the judge would feel constrained to set aside a verdict against the will as contrary to the manifest weight of the evidence, determined according to relevant legal standards, it cannot be said that a ¡substantial dispute has arisen.</p> <p>An issue devisavit vel non will not be granted where the evidence shows that testatrix left a daughter, the contestant, twenty-five dollars and divided the remainder of her estate share and share alike among two other daughters and a son; that the allegation that testatrix made her will under the compulsion of and fear of her son, was not supported by any proof; that on the contrary the son plead with his mother to give an equal share of her estate to contestant; and that the contestant lived alone and frequently had trouble with her mother.</p>