Keller v. Keller
Supreme Court of Pennsylvania
Keller v. Keller, 239 Pa. 467 (Pa. 1913)
86 A. 1065; 1913 Pa. LEXIS 590
Fell, Mesteezat, Moschziskeb, Pottee, Stewaet
Keller v. Keller
Opinion of the Court
The trial was of an issue devisavit yel non in which it was alleged by the contestants that the will had been procured by the exercise of undue influence on a mind impaired by disease. The only exception taken at the trial was to the following excerpt from the charge: “Acts of kindness, consideration and attention may not be considered as undue influence, unless such acts are carried out with the purpose and design of subjugating the mind of the person making the will to the influence, the power and the direction of the person exercising the influence, and thus depriving the testatrix of her free will, free act and free agency.” In this there was no error.
The judgment is affirmed.
Reference
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- Syllabus
- Wills — Issue devisavit vel non — Undue influence — Instructions to jury. In the trial of an issue devisavit vel non in which it was alleged the will had Been procured by the exercise of undue influence upon a mind impaired by disease, the court committed no error in instructing the jury as follows: “Acts of kindness, consideration and attention may not be considered as undue influence, unless such acts are carried out with the purpose and design of subjugating the mind of the person making the will to the influence, the power and the direction of the person exercising the influence, and thus depriving the testatrix of her free will, free act and free agency.”