In re the Estate of Berg
In re the Estate of Berg
Opinion of the Court
- ‘ Wé find nothing in the testimony to form the basis of a substantial dispute as to any material fact relating to the validity of the testamentary paper in this case, — nothing that would justify. a trial judge in sustaining a verdict against it as a valid will. There is not even a reasonable suggestion of testamentary incapacity, dr of undue influence. The only question is as to' the proper execution of the instrument by the alleged testatrix. As to that, the genuineness of her signature thereto is clearly and satisfactorily established by the testimony of three disinterested witnesses familiar with her handwriting; and they are corroborated by the testimony of the experts. There appears to be nothing in the record that requires further comment. For these and other reasons, given by the learned judge of the orphans’ court, there was no error in refusing the issue and dismissing the appeal from the decision of the register.
. Decree affirmed and appeal dismissed, with costs to be paid by the appellants.
Reference
- Full Case Name
- In the Matter of the Estate of Cassie Berg. Appeal by John Schreiber
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Wills — Probate—Execution—Proof of signature — Evidence. When the only question is as to thegenuiness of the signature to a will, an issue will not be awarded to determine its validity where three witnesses, familiar with testatrix’s handwriting, testify to the genuineness of the signature, and their testimony is corroborated by two experts; and the only evidence to the contrary is the testimony of one witness who testifies as follows: “ That looks like Mrs. Berg’s but she never wrote that; she never wrote that as sure as the sun shines in heaven, because she, never wanted to make such a will. '. . . She would not write her name Cassie Berg because it was Katherine Berg.”