Shreiner v. Shreiner

Citations

• 178 Pa. 57
• 35 A. 974
• 1896 Pa. LEXIS 1132

Syllabus

<p>Will — Issue devisavit vel non — Testamentary capacity — Delusions.</p> <p>The existence of delusions will not destroy testamentary capacity unless they are such as dictate or substantially affect the provisions of the will itself.</p> <p>Where a will is contested mainly on the ground of delusions on the part of testatrix, it is error for the court to charge that it is “ necessary that a testator at the time he makes and executes his will should be possessed of a sound mind .... A sound mind has been defined to be a mind wholly free from delusion.” Such error is not corrected by the fact that the court later in the charge stated in a general way, without any reference or caution as to the nature of the delusions testified to, that “ a person whose mind is perverted by insane delusions with reference to one or many subjects, however unreasonable and absurd, may nevertheless make a valid will provided the provisions of such will are not influenced by such delusion.”</p> <p>On the trial of an issue devisavit vel non the evidence tended to show that the testatrix, who died in her eightieth year, had delusions as to strange people being in her house. These delusions were not in any way relevant to the making of a will. The family physician testified that at the time the will was made, which was five years before her death, testatrix was suffering from “ senile dementia.” There was also evidence of failure of memory as to persons, places and recent small occurrences, but not extending to any serious matter. There were also the opinions of several witnesses unlearned as to the definition of testamentary capacity that the testatrix was unfit to make a will. On the other side was the will drawn by counsel and executed in the presence of business friends called in for that purpose, with no evidence at all of want of testamentary capacity at the time of the execution, and the will itself containing clear internal evidence of recognition of her estate, and of all the persons