Estate of McGovran
Supreme Court of Pennsylvania
Estate of McGovran, 185 Pa. 203 (Pa. 1898)
39 A. 816; 1898 Pa. LEXIS 693
Dean, Green, McCollum, Mitchell, Pee, Williams
Estate of McGovran
Opinion of the Court
After a careful examination of the testimony in this case we fail to discover any evidence which in our opinion would have justified a verdict against the will of the testatrix. The testimony in support of the mental capacity of the testatrix is simply overwhelming. The alleged delusions which are thought to sustain the charge of testamentary incapacity as to the tes
We think the opinion of the learned court below is an ample-vindication of the conclusions reached that an issue should be-refused, and we sustain the decree of the court for the reasons-stated therein.
Decree affirmed and appeal dismissed at the cost of the appellant.
Reference
- Full Case Name
- Estate of Annie E. McGovran, Appeal of Louisa M. Murdoch
- Cited By
- 20 cases
- Status
- Published
- Syllabus
- Wills — Issue devisavit vel non — Insanity—Delusions. An issue devisavit vel non will not be granted where it appears that the testatrix who had formerly entertained trustful and kind feelings for the contestant, suddenly conceived for her an unexplained dislike, which caused testatrix to discriminate in her will against contestant, but the evidence fails to show that this change of feeling was based upon the supposed existence of facts which never existed, and which no rational person in the absence of evidence would have believed to exist, or that there was such a condition of things surrounding the whole case which would not only be consistent with the theory of delusion, but from which the existence of the delusion might reasonably be inferred.