29 Pa. 298 | Pa. | 1857
The opinion of the court was delivered by
On the evidence put upon our paper-books, the verdict rendered in this cause seems to us so strange and unaccountable, that we are naturally inclined to suppose that there must have been some very grave error in the charge of the court, or that some error of minor importance has been unduly impressed upon the jury. There is the most ample proof that this will was executed according to the forms of law, and not the slightest indication that anybody doubted the testimony of the witness in this regard. There is not the least ground of suspicion that the testator was incompetent, before his last illness, to make a will, or that any undue influence was exerted in procuring him to make this will as it is. The only ground, therefore, on which this will was set aside must have been, and appears to have been, because the jury considered that the testator’s mind had become so enfeebled by his sickness when his will was made, that it cannot properly be called his will. He was ill about four days; and we have quite .a full account of his mental symptoms during the whole time. Three witnesses express opinions on the state of his mind, on visits made by them on Thursday and Friday. The will was executed on Friday night about two o’clock, and he died on Saturday morning about ten o’clock. One witness thinks • his mind was not sound; another that it was weak and wandering; and the physician thought him not capable of reflection on any subject. Yet all of them give facts that show very plainly that there was no improbability that he might have mind and memory enough to make a complete and rational disposition of his property. On the question of the testamentary capacity of a dying man, the fact of an occasional flightiness or wandering of intellect during his sickness,'is generally of very slight importance, and is scarcely any evidence that that state continued; for usually it is an accidental abnormity, very easily accounted for by temporary circumstances. If we find an obstruction in a street or crowded tho
We would not say that the general instructions given by the
One part of the will was misinterpreted by the court; and on this misinterpretation it was submitted to the jury as irrational. This was partly the scrivener’s fault; but to our mind it is very plain that the testator bequeaths his horses, carriage, furniture, &e., to his wife, to be disposed of according to her pleasure, and thus arranges for the security of $2120 for her benefit for life, and then for his brother John’s children.
Nor is it evidence of insanity that he gave his wife less than she might now claim by law, provided he gave her enough to live according to his ideas of what was proper for her. Perhaps his allowance to her was liberal, measured by their usual mode of life: but even meanness is nothing like insanity. It is no evidence of insanity that he makes preferments among those who are naturally or legally his heirs; for this is the main purpose of a will.
These views suffice for the correction of all the errors in the charge of the court, and they alone would require this cause to be sent back for a new trial. But there is another point that is totally fatal to the proceeding.
This widow, the defendant, has had a very ill adviser, who appears to have no interest in the estate, but is well disposed to stir up strife. Without this she could not have been led into this controversy. She has no right to contest her husband’s will, for she is not bound by it. She may have her statutory dower, and her statutory share of his personal estate, if she does not like the will, and she must leave it to his heirs to dispute the will. Her will is stronger than his so far as it affects her right, and that far she may set it aside by a simple election; but she has no right to interfere with his disposition of the residue of his estate. Her contingent right of administration is not an interest in the estate entitling her to dispute the will; but only the legal provision for its settlement, in case there be no will.
Judgment reversed and judgment in favour of the plaintiff for costs.