Wittmer's Estate

Citations

• 243 Pa. 444
• 90 A. 159
• 1914 Pa. LEXIS 643

Syllabus

<p>Wills — Testamentary capacity — Undue influence — Circumstantial evidence — Insufficient evidence.</p> <p>On appeal by two children of a testator from the decision of the register of wills admitting certain testamentary papers to probate as the will of the decedent where testamentary incapacity and undue influence exercised by another son, who was the chief beneficiary, were alleged, no evidence of testamentary incapacity was produced and the evidence of undue influence was circumstantial. It appeared that the son in whose favor the will was made had taken tbe part of tbe testator in unsuccessful proceedings to have bim declared an habitual drunkard -instituted by tbe other members of tbe family, so that a reason existed for making bim tbe chief beneficiary. Two credible and disinterested witnesses who attested tbe will, testified that decedent was of sound mind and sober when tbe papers were executed. Tbe son in whose favor tbe will was made denied having influenced tbe testator in making tbe will and it appeared that be was not present at its execution. Held, that tbe Orphans’ Court properly dismissed tbe appeal.</p>