Morgan's Estate

Citations

• 219 Pa. 355
• 68 A. 953
• 1908 Pa. LEXIS 574

Syllabus

<p>Wills — Probate—Subscribing witness — Testamentary capacity.</p> <p>Where a subscribing witness to a codicil knows that he is signing a testamentary paper, sees the testator sign it, and is asked by the testator or by the other witness in testator’s presence to sign as a witness, it is not necessary for him to hear the codicil read to the testator, or to know its contents.</p> <p>Where a will is written by counsel at one time, and a codicil by the attending physician at another time, both from dictation of the testator without aid or interference of any other person, there is a prima facie case in favor of the will and codicil, which can only be overcome by clear, definite, circumstantial and weighty evidence of facts not reconcilable with the possession of testamentary capacity. Opinions of experts, and the usual testimony as to the failings of age, lapses of memory, irritability, etc., are of little weight in such cases.</p> <p>A will is unnatural in a legal sense only when it is contrary to what the testator from his known views, feelings and intentions would have been expected to make. When it is in accordance with these it is never unnatural, however much it may differ from the ordinary actions of men in similar circumstances.</p> <p>A will passing over a daughter and leaving the bulk of testator’s estate to the daughter’s two children, is not to be considered an unnatural one, and evidence of undue influence, where it appears that the testator’s object was to prevent his estate from going into the hands or coming under the management of his son-in-law against whom he had a prejudice. In such a case the fact that the prejudice may have been without any just foundation is immaterial. A man’s prejudices are a part of his liberty.</p>