Schusler's Estate
Supreme Court of Pennsylvania
Schusler's Estate, 198 Pa. 81 (Pa. 1901)
47 A. 966; 1901 Pa. LEXIS 737
Brown, Collum, Fell, Mestbezat, Mitchell, Potteb
Schusler's Estate
Opinion of the Court
The only question to be determined on this appeal is whether the decedent had testamentary capacity when he executed the paper admitted -to probate by the register as his will. As we have carefully perused and considered the entire testimony in the case, we have no hesitation in declaring that the appellants have failed to establish a want of testamentary capacity in the execution of the will they have assailed. We therefore sustain the dismissal of their petition at their own costs and affirm the decision of the register on the concise and brief opinion of Judge Over.
The decision of the register is affirmed and the appeal is dismissed at the cost of the appellants»
Reference
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Will—Issue devisavit vel non—Testamentary capacity—Intoxication. A demand for an issue devisavit vel non will be refused by the orphans’ court where the evidence shows that the decedent drank alcoholic liquors excessively for some years prior to his death and was intoxicated almost all the time, for a year prior thereto, but that when he was not intoxicated he had testamentary capacity, and at the time he executed his will he was not intoxicated, which fact was shown by the scrivener and the only living surviving witness of the paper.