In re Estate of Yorke

Supreme Court of Pennsylvania March 21, 1898

In re Estate of Yorke, 185 Pa. 61 (Pa. 1898)

39 A. 1119; 1898 Pa. LEXIS 670

Dean, Ett, Fell, McCollum, Mitchell, Queen, Stern, Williams

Opinion of the Court

Per Curiam,

A careful consideration of the voluminous record in this case *75has led us all to the conclusion that the orphans’ court in banc was clearly right in sustaining the exception to the order awarding an issue deyisavit vel non, etc., and refusing to grant said issue. It is not our purpose to fortify this conclusion by referring to the testimony or stating the reasons which have satisfied us that neither of the specifications of error should be sustained. To do so, would consume much time to no good purpose.

Decree affirmed and appeal dismissed at appellants’ costs.

Reference

Full Case Name: In re Estate of Mary Yorke, Appeal of Mary Kingsley
Cited By: 15 cases
Status: Published
Syllabus: Will — Issue devisavit val non — Testamentary capacity. An unmarried woman, eighty-six years old, with impaired vision, but very alert and of clear understanding, executed a codicil under which a certain niece was made the principal beneficiary. The husband of the neice, who was the decedent’s confidential adviser, drew the codicil according to instructions given by the decedent, but he was not present at its execution. It was executed in the presence of the family physician and another physician, a stranger, and these two physicians were the subscribing witnesses. After its execution it was placed in a box in a trust company, where it remained until decedent’s death two years afterwards. Before the codicil was made, the niece, when single, had lived with her aunt, and afterwards frequently visited her until her death. On an application by another niece for an issue devisavit vel non, it was held, (1) that the burden of proof was upon the contestants to show undue influence; (2) that the evidence was insufficient to justify the award of an issue.