Schweitzer's Estate

Citations

• 228 Pa. 231
• 77 A. 457
• 1910 Pa. LEXIS 459

Syllabus

<p>Will — Probate—Issue devisavit vel non — Refusal of issue — Testamentary capacity — Undue influence — Evidence.</p> <p>An issue devisavit vel non is properly refused where the evidence shows that the deceased, an intelligent business man, of unusual strength of character, was at the time of the execution of his will physically weak, but with mind unimpaired, with knowledge of his estate, and what disposition he wished to make of it; that he dictated his will to a justice of the peace whom he had himself summoned; that two days later he read the will as prepared by the justice, expressed his approval, sent for a tenant, who with the justice witnessed the execution of the will; that the justice took the will with him and retained possession of it until it was delivered to the register of wills; and that the chief beneficiary, a daughter, was not shown to have had any knowledge of the contents of the will, nor had at any time exerted any influence to procure its making.</p>