227 Pa. 560 | Pa. | 1910
March 28, 1910:
One of the questions passed upon by the court below in disposing of the application for an issue devisavit vel non was the sufficiency of the proofs submitted by the appellant as to the alleged testamentary incapacity of the testatrix. If those proofs failed to show lack of testamentary capacity at the time the will and codicil were executed, it was immaterial that subsequently her mind may have become so impaired that she was not capable of intelligently disposing of her property. The will was executed in January, 1905, though dated April 20, 1904, and the codicil was signed August 1, 1906. That testatrix had full testamentary capacity at the time she executed these instruments was an inevitable conclusion from the testimony, a recital of which is not called for here. The learned