Dean v. Negley
Supreme Court of Pennsylvania
Error to the Common Pleas of Allegheny county. This was an issue devisavit vel non, directed in the matter of the testamentary writing purporting to be the last will and testament of William Johnson, deceased, in which Daniel Negley and Stirly Cuthbert were plaintiffs and Alexander Dean and Elizabeth E. his wife were defendants.
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Error to the Common Pleas of Allegheny county. This was an issue devisavit vel non, directed in the matter of the testamentary writing purporting to be the last will and testament of William Johnson, deceased, in which Daniel Negley and Stirly Cuthbert were plaintiffs and Alexander Dean and Elizabeth E. his wife were defendants. On the trial Thomas M. Marshall, Esq., was appointed guardian ad litem for the minor daughters of John and Joanna Bolton, and notice ordered to be given to him by the defendant to come into court and defend. . The objections to the probate of the will were: — That, at…
1Opinion of the Court
The opinion of the court was delivered,
by Lowrie, C. J.
The will of a man who has testamentary capacity cannot be avoided merely because it is unaccountably contrary to the common sense of the country. His will, if not con*317trary to law, stands for the law of descent of Ms property, whether his reasons for it be good or bad, if indeed they be his own, uninduced by unlawful influence from others. Lawful influence, such as that arising from legitimate family and social relations, must be allowed to produce its natural results, even in influencing last wills. However great the influence thus…
2Cited by18 opinions
- Phillips' EstateSupreme Court of Pennsylvania · 1914
- Williams v. McCarrollSupreme Court of Pennsylvania · 1953
- Olshefski's EstateSupreme Court of Pennsylvania · 1939
- Brennan's EstateSupreme Court of Pennsylvania · 1933
- Thompson WillSupreme Court of Pennsylvania · 1956
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