Estate of Levis

Supreme Court of Pennsylvania
Estate of Levis, 140 Pa. 179 (Pa. 1891)
21 A. 242; 1891 Pa. LEXIS 825
Clark, Green, McCollum, Mitchell, Paxson, Sterrett, Williams

Estate of Levis

Opinion of the Court

Per Curiam:

It does not follow that because a man is a drunkard he cannot make a will. This testator, for anything that appears, was entirely sober when he made his will, and possessed testamentary capacity. Nor is there sufficient evidence to submit to a jury that his will was the result of undue influence. The court below was right in refusing an issue.

Decree affirmed, and appeal dismissed at the costs of the appellant.

Reference

Full Case Name
ESTATE OF SOLOMON LEVIS
Cited By
1 case
Status
Published
Syllabus
When the testimony, submitted on an application for an issue devisavit vel non, showed that, although the testator was an habitual drunkard, yet, when he made Ms will he was entirely sober, possessed testamentary capacity, and there was no evidence that he was subject to undue influence, it was not error to refuse an issue.