275 Pa. 176 | Pa. | 1922
This is an appeal from the refusal of the orphans’ court to grant an issue d. v. n., and ordering the probate of a certain paper offered as the last will and testament of Mary C. Nichols, deceased.
The opinion of the court below states that the decedent “died December 4,1920, aged about 76 or 77 years. She left surviving her, as heirs at law, one son and three daughters, viz: Harry S. Nichols, Mary J. Smith, Jennie Gertrude Weaver and Bessie Nichols or Bessie Lafeur, all of lawful age. On December 8, 1920, Harry S. Nichols, Mrs. Smith and Mrs. Weaver filed with the register a caveat against the probate of any......instrument ......pretending to be the last will and testament' of the deceased. On the same day there was presented for probate a paper writing, purporting to be her......
At this point of its opinion, the court below fairly summarizes the evidence, pro and con, on the issues involved; but we deem it unnecessary to repeat the summary here. It is sufficient to say that a reading of the printed testimony has not convinced us of error in the conclusion reached by that tribunal that a lack of testamentary capacity had not been shown.
As to the allegation of undue influence, the court below correctly says: “There is no evidence that Bessie had anything to do with, or in any way influenced her mother in, the preparation of the will in question. She was present neither when directions were given for its preparation nor at its execution. She appears, however, to have had some knowledge of its contents later, was dissatisfied therewith and assisted her mother in the preparation of a later one bearing date March 25, 1920, which was rejected by the register, and its rejection acquiesced in by her.”
The opinion concludes with the statements: “The paper itself witnesses the fact that the deceased knew and had in mind her kindred and those having claims upon her bounty; she remembered and named each one of her children; she remembered in a small but kindly way two sisters residing in the State of Ohio, [and] there is no evidence that there were others having claims upon her; [finally] she indicated to several persons rational grounds for the change she desired to make in the will she had theretofore made. From all the evidence it is apparent and clear that she knew at the
The order appealed from is affirmed at the cost of appellant.