Rockhill's Estate

Citations

• 208 Pa. 510
• 57 A. 989
• 1904 Pa. LEXIS 796

Syllabus

<p>Wills — Issue devisavit vel non — Testamentary capacity — Undue influence— Probate — Evidence.</p> <p>On an application for an issue devisavit vel non, it appeared that twenty years before the making of the will in contest, testatrix made a will leaving her estate to her husband, and in case of his death, to his son by a former wife, with a devise over to a church. Subsequently the husband and son died. Testatrix had a long standing indifference, if not dislike to the contestants, who were not very close relatives. In making her second will she made the beneficiary the physician who attended her husband in his last illness, and to whom she expressed herself as indebted for personal kindness as well as professional skill. The testimony showed that the mind, memory and understanding of the testatrix at the time of the execution of her last will and down to the very day of her death, were absolutely unimpaired, and that she was a woman of strong will, and unusual intellect. There was no evidence of undue influence, or abuse of confidential relations. Held, that the court below properly refused an issue.</p>