274 Pa. 574 | Pa. | 1922
Mary Snyder Drew, appellant here, petitioned the orphans’ court, in the estate of her father, William P. Snyder, deceased, for the allowance, of an appeal from the decision of the register of wills, admitting to probate certain writings, as the will of the decedent, with a codicil thereto; she asked that the probate be set aside and the letters testamentary revoked, also for an issue devisavit vel non and general relief, alleging that, at the dates of these writings, decedent was without testamentary capacity, by reason of long-continued illness and feebleness of mind. One of the respondents admitted the truth of all thé averments in the petition, and the answers of the others categorically denied those alleging want of testamentary capacity.
At hearing, it developed that several of the parties in interest were minors, represented by guardians ad litem; that the will contained a separate use, spendthrift trust and other trusts to support remainders for unascertained persons, also a charitable bequest to a church; and that the widow of testator, named as one of the trustees, had elected to take against his will.
In support of the averments in her petition, appellant introduced the testimony of a large number of witnesses, none of whom were cross-examined by counsel for respondents, who stated to the court: “We have nothing to offer in defense, and,......in this we are acting by direction of our clients.”
The order is affirmed at cost of appellants.
