206 Pa. 219 | Pa. | 1903
The testimony of the physician who had known the testator for twenty-five years, and who attended him in his last illness up to and including the making of the will, and that of the attorney who had also been his counsel previously and who drew the will in testator’s presence, from instructions given him in person while the two were alone together, show convincingly that the testator was in full possession of his mental faculties and was exercising them under his own volition.
In addition to this the undisputed evidence is that the testator continued in the transaction of his regular business until two days before the making of his will.
The beneficiary was not in the house when the will was made, and it was shown affirmatively that he knew nothing of it or its provisions. He was the testator’s business associate if not ■partner, and testator, who was a bachelor with no relatives in the city, had gone to his house on the suggestion of the doctor.
On the whole case no court could have permitted a verdict against the will to stand.
Decree affirmed at the costs of the appellant.