Richmond's Estate

Citations

• 206 Pa. 219
• 55 A. 970
• 1903 Pa. LEXIS 680

Syllabus

<p>Will — Probate—Issue devisavü vel non — Testamentary capacity — Unduer influence.</p> <p>Where the physician who attended the testator and the attorney who drew his will, both of whom had known the testator well, testify to his entire testamentary capacity, and it appeal’s that he continued in the transaction of liis regular business until two days before making th’e will, a case is established which can only be overcome by clear, definite, circumstantial and weighty evidence of facts not reconcilable with the possession of testament ary capacity.</p> <p>The opinion of an expert with no personal knowledge of the testator, and which is given on a hypothetical case based on disputed facts, is of no weight on an issue devisavit vel non.</p>