Warton's Estate

Citations

• 256 Pa. 201
• 100 A. 653
• 1917 Pa. LEXIS 586

Syllabus

<p>Wills — Undue influence — Insufficient evidence.</p> <p>A petition for an issue devisavit vel non alleging that undue influence was used to obtain the execution of a will was properly refused, where it appeared that testatrix employed a lawyer to advise her in the making of her will and to draft it for her; that she visited his office and told him how she desired to dispose of her estate; that he took memoranda and from these prepared the will in accordance with her request; that she executed the will at the office of her family physician, who was a reputable man, in the presence of said physician and her counsel, and no one else; that she was in good physical and mental condition at the time and retained possession of the will for almost three years previous to her death during which period she could have destroyed it at any time.</p>