Pensyl's Estate

Citations

• 157 Pa. 465
• 27 A. 669
• 1893 Pa. LEXIS 1437

Syllabus

<p>Will — Issue devisavit vel non — Testamentary capacity.</p> <p>On an application for an issue devisavit vel non, the contestants, to show lack of testamentary capacity in the testatrix, introduced evidence which tended to show that the testatrix at the time the will was executed was suffering from partial failure of memory, was unable to recognize acquaintances of years before, that she believed her sons were all dead when they were not, that she sat stupid and would not talk unless spoken to, that bsr eyesight was poor, that she was lame and feeble and had a twitch in one of her hands, that her clothing was bought for her by her daughter-in-law, and that she was not capable of waiting on herself at table. Witnesses for the proponent testified that, at the time of the execution of the will, testatrix was able to talk intelligently, that her understanding was good, and that she was able to recognize her neighbors. The three subscribing wituesses to the will, two of Whom were reputable members of the bar, and the third, the family physician, testified that testatrix gave instructions as to how the will was to be drawn, that it was read over to her, and that she understood it. Held, that an issue was properly refused.</p> <p>Undue influence — Evidence.</p> <p>Tn the above case testatrix excluded two of her sons from any participation in her estate. She stated to the attorney who drew the will that these sons “had not treated her right.” It appeared from the evidence in the case that the two sons thus excluded had instituted lunacy proceedings against their mother, and that these proceedings had failed. Testatrix had two other sons, to one of whom she had intrusted the care of her estate, and with the other she lived until her death. There was no evidence to show that the two sons benefited by the will were present when the will was executed or had dictated the terms of it to their mother. Held, that the evidence was insufficient to justify the court to award an issu