227 Pa. 609 | Pa. | 1910
March 28,1910:
In determining whether an issue devisavit vel non should be allowed, the authoritative test is whether upon all the testimony a verdict against the proponents of the will should be allowed to stand. If such a verdict ought not to be allowed to stand, an issue ought not to be awarded: Wainwright’s App., 89 Pa. 220; Knauss’s App., 114 Pa. 10. This test was applied by the learned judge of the orphans’ court, who, after a most thorough consideration of all the -testimony produced, ■ decided that a court would not be justified in sustaining a vérdict against the will. A review of the testimony has disclosed nothing that should lead to a reversal of the decree dismissing the petition for an issue.
The testator’s oldest son, who was the chief beneficiary under the will, occupied a relation to him that afforded an opportunity to influence his mind. But there was no evidence of the exercise of any influence by this son or by anyone at any time to procure the making of the will. The circumstances connected with its preparation and execution show that no influence was exerted at that time, and they repel any inference that the testator was acting under an influence previously exerted. He went alone to the office of an attorney who had represented him for many years, and discussed with him the disposition he wished to make of his property. He remained in the office until the will was written and read to him, and then executed it and directed it to be deposited with "a trust company, one of the executors, where it remained until his death nine months later.
The decree is affirmed at the cost of the appellants.