South Side Trust Co. v. McGrew

Citations

• 219 Pa. 606
• 69 A. 79
• 1908 Pa. LEXIS 632

Syllabus

<p>Will — Devisavit vél non — Testamentary capacity — Uudue influence— Evidence.</p> <p>Where testamentary capacity is unimpaired, undue influence cannot be established by anything short of clear, direct and convincing evidence that testator’s own mind was controlled and dominated by another.</p> <p>The testamentary capacity of the testatrix cannot be impeached where the testimony shows that she knew her property, and the amount of her income, that she knew all of her kindred and the objects of her bounty, that she transacted herself most of her important büsiness matters, and that she had a clear understanding of the testamentary act itself. In such a case the testimony that her mind had become somewhat more inert than it had been through physical illness, and the usual neighborhood gossip and tattle as to incompetency, have no importance.</p> <p>On the trial of an issue devisavit vel non it appeared from the evidence that the will was written by a justice of the peace known to the testatrix, was taken by him to her, and after some discussion about witnesses (the squire’s wile not having come as the testatrix had requested), a friend was summoned and the will executed in their presence. The justice copied the will from a form in the handwriting of the beneficiary who was present in the room when the will was executed and told the testatrix, who was palsied, to take her time and write carefully. The form was explained by showing that it was an exact copy, except as to names, etc., of the will of testatrix’s former husband, from whom she had derived her property, and which she kept by her, among her important papers. There was evidence that the beneficiary was of a domineering disposition, controlled the testatrix, interfered with her affairs, and kept other relatives away. On the other hand, it appeared, without contradiction that the beneficiary was a niece of the testatrix, daughter of a favorite sister of the whole blood; that she was invited to live with testatr