Roup's Estate

Citations

• 236 Pa. 31
• 84 A. 592
• 1912 Pa. LEXIS 705

Syllabus

<p>Wills — Probate — Refusal of issue devisavit vel non — Testamentary capacity — Undue influence — Evidence.</p> <p>1. An issue devisavit vel non should not be granted when, on a review of all the testimony a judge will feel constrained by the manifest weight of the evidence to set aside a .verdict against the will.</p> <p>2. On an appeal from an order refusing an issue devisavit vel non, it appeared that the proponents were the widow of the testator, who had been his second wife, and her daughters by a former marriage. .The contestant was a son of the testator by a former marriage. Testator died at eighty-two years of age leaving an estate of $8,000 half of which was represented by a farm and half by personal property. Thirty-one years before testator’s death, contestant left his father’s house, to live in the west, became prosperous and re-visited his parents’ home only three times thereafter. On the third visit east he merely called on his father, and neither showed any interest in the other. The step-daughters of testator made their home with him, assisted in the household work and helped the testator in barn and field work usually done by men. The will was written by a justice of the peace six years before testator’s death. It was read to him, and executed by him not in the presence of his wife, and there was no evidence whatever that she or any other person made any suggestion to him as to the disposition of his property. A number of witnesses, including his physician and neighbors testified as to his business capacity showing that he managed his farm, bought the supplies for it and bis family, and attended to tbe investment of bis meney. On two occasions, the first nine years before the will was executed, and the second, six years after it was executed, the testator was in a moody condition, and his mind somewhat impaired, but there was nothing to show that he was not in the full possession of his faculties at the time the will was made. Held, that an issue