Ross's Appeal

Citations

• 243 Pa. 119
• 89 A. 816
• 1914 Pa. LEXIS 587

Syllabus

<p>Wills — Issue devisavit vel non — Insane delusions — Testamentary capacity.</p> <p>1. A -will cannot be set aside by reason of insane delusions (general insanity not being shown), where it does not appear that the will was a direct offspring of such delusions, or that they controlled the mind of the testator in the making thereof, and caused the will to be different from what it would have been but for such delusions.</p> <p>2. Where the general capacity of a testator is not impeached, and the will shows on its face that any insane delusions of which he may have been possessed did not control ‘the will, and were not the moving cause of the disposition of his estate which he made, the fact of the delusions has no weight- in- determining the question of the validity of the will. ...</p> <p>3. Testator, who suffered from- delusions to the effect that he was afflicted with a serious disease, that he was' insolvent, and that he was guilty of embezzling trust funds, hiit who was able to manage his financial affairs and understood'the amount and character of his estate, left a paper written in his own hand, entitled “My last Will,” by-which he divided his estate into four parts, giving one-fourth each to a half brother and a half sister, one-fourth to the children of a deceased half-brother and one-fourth to p full sister, they being his nearest of kin.. The lower court, xéfused to award .an issue devisavit vel lion. Held, no error.</p>