Rose's Estate

Citations

• 223 Pa. 454
• 72 A. 800
• 1909 Pa. LEXIS 555

Syllabus

<p>Will — Probate—Testamentary capacity.</p> <p>In a will contest it appeared that testator at the time of his death was eighty years old, and that when he signed the paper in question, was in bed and in his last illness. About two months before his death he dictated his testamentary wishes to his daughter, and told her that he would show the paper to his.counsel. About ten days before his death he directed the paper to be taken to his counsel, and the latter made a draft in legal form, and read it to decedent, who acquiesced in it and signed the paper. On the same day counsel thinking that a power of sale should be added, rewrote the will, adding the additional clause, and the will as finally written was then signed by the testator and witnessed. Several witnesses declared that the decedent at the time was entirely sane, and fully cognizant of the provisions of the will. Held, .that the will was properly admitted to probate.</p>