Warton's Estate

Supreme Court of Pennsylvania January 8, 1917

Warton's Estate, 256 Pa. 201 (Pa. 1917)

100 A. 653; 1917 Pa. LEXIS 586

Brown, Frazer, Mestrezat, Potter, Stewart

Opinion of the Court

Per Curiam,

The petition of the son of the testatrix for an issue devisavit vel non ivas based upon alleged undue influence exerted over her in the execution of her will. It was not alleged that she did not have testamentary capacity, and, after all the competent evidence offered by the contestant had been received, there was nothing to show that *205his mother had been influenced in any manner in disposing of her estate. Nothing can be profitably added to the opinion of the court below dismissing the son’s appeal from the probate of the tvill, and on that opinion his appeal to this court is dismissed, at his costs.

Reference

Cited By: 1 case
Status: Published
Syllabus: Wills — Undue influence — Insufficient evidence. A petition for an issue devisavit vel non alleging that undue influence was used to obtain the execution of a will was properly refused, where it appeared that testatrix employed a lawyer to advise her in the making of her will and to draft it for her; that she visited his office and told him how she desired to dispose of her estate; that he took memoranda and from these prepared the will in accordance with her request; that she executed the will at the office of her family physician, who was a reputable man, in the presence of said physician and her counsel, and no one else; that she was in good physical and mental condition at the time and retained possession of the will for almost three years previous to her death during which period she could have destroyed it at any time.