Moyer's Estate

Citations

• 220 Pa. 356
• 69 A. 757
• 1908 Pa. LEXIS 782

Syllabus

<p>Wills — Probate—Issue devisavit vel non — Refusal of issue — Testamentary capacity — Undue influence — Evidence.</p> <p>On an application for an issue devisavit vel non it appeared that the testatrix was a widow without children, and that her nearest of kin were two brothers and a sister. To one brother, the contestant, with whom her relations were not cordial,, she left a small legacy; and she divided the rest of her estate equally between the other brother, with whom she lived, and her sister. The will was written by a justice of the peace foy whom she had sent. He saw her in her room, with no other person present, and she gave him directions as to the disposition she wished to make of her property, and stated her reasons for not leaving more to the contestant. The justice wrote the will before leaving the room, and it was signed in the presence of witnesses not connected with any of the parties in interest. He took it away with him, and retained possession of it until her death four months later. Neither the brother nor the sister mainly benefited saw the will, or knew of its provisions until it was offered for probate. There was no evidence of lack of testamentary capacity nor of solicitation nor importunity. Held, that an issue was properly refused.</p>