Klein's Estate
Supreme Court of Pennsylvania
Klein's Estate, 207 Pa. 191 (Pa. 1903)
56 A. 422; 1903 Pa. LEXIS 468
Brown, Dean, Fell, Mestrezat, Mitchell, Potter
Klein's Estate
Opinion of the Court
The opinion of the learned judge below, after a painstaking and accurate review of the whole case, concludes that while there is some evidence which tends to sustain the contention of the appellants, yet taking it as a whole the proof of testamentary capacity is so clear that a judge would be bound to set aside an adverse verdict if rendered. In this conclusion we unanimously concur, and the judgment is therefore affirmed on the opinion.
Reference
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- 8 cases
- Status
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- Syllabus
- Will—Issue devisavit vel non—Testamentary capacity—Evidence. On an application for an issue devisavit vel non, the opinion of physicians and others that the testator did not have testamentary capacity, based on their observations of his mental weakness and lack of memory, cannot prevail against positive evidence that at the time the will was made testator knew his children and their names, knew what property he owned and what disposition he wanted to make of it, was at the time doing business in his own name, signing checks, writing letters, conducting a mercantile business, and running a hotel completed by him.