Wiles' Estate

Citations

• 247 Pa. 340
• 93 A. 497
• 1915 Pa. LEXIS 833

Syllabus

<p>Wills — Testamentary capacity — Undue influence — Meretricious relation — Evidence—Issue devisavit vel non.</p> <p>An issue devisavit vel non prayed for on the ground that testator did not possess testamentary capacity and that the will was procured by undue influence practiced upon him by the principal beneficiary is properly refused where although contestants prove that testator had meretricious relations with the principal beneficiary they produced no evidence of testator’s alleged testamentary incapacity or of the alleged undue influence except the testimony of a physician who stated that decedent suffered from paresis before death without giving any facts upon which his opinion was based and the testimony of neighbors who said that decedent was ill at times and did not seem to know with whom he conversed and the testimony of a relative, who was so incorrect in her recollection as to deprive her testimony of any weight and where proponents proved by the physician who attended testator in his last illness that his mental faculties were unimpaired and by the subscribing witnesses to the will that he was possessed of mental capacity and where from the circumstances attending the execution of the will it appeared that testator was under no duress at the time.</p>