Curtis's Estate

Supreme Court of Pennsylvania
Curtis's Estate, 253 Pa. 389 (Pa. 1916)
98 A. 575; 1916 Pa. LEXIS 851
Brown, Frazer, Mestrezat, Moschzisker, Potter

Curtis's Estate

Opinion of the Court

Per Curiam,

Whether the testator was competent to execute the will dated November 11,1914, is, so far as this appellant is concerned, immaterial. He asks for an issue devisavit vel non because he claims to have an interest in the estate of the testator under an earlier will, executed in 1907. It clearly appeared from the testimony that the testator had destroyed that will when he was fully competent to do so, and this fact, properly found by the court below, left the appellant without any interest in the estate of the testator and with no standing as a contestant of the will executed in 1914.

Decree affirmed at appellant’s costs.

Reference

Cited By
8 cases
Status
Published
Syllabus
Wills — Revocation—Beneficiary under revoked will — Issue devisavit vel non — Refusal. A beneficiary under a will revoked by the testator has no standing to contest the validity of a subsequent will in which such beneficiary is not named, and an issue devisavit vel non petitioned for by such contestant is properly refused.