Legal Opinion

Miller's Estate

Supreme Court of Pennsylvania

Decided June 21, 1919No. Appeal, No. 285PublishedCited by 6 opinions

Appeal, No. 285, Jan. T., 1919, by William H. Miller, from decree of O. C. Lancaster Co., Feb. T., 1917, No. 48, refusing an issue d. v. n. and dismissing an appeal from the decision of the Register of Wills admitting to probate the will of Joseph Miller, deceased. Appeal from decision of register of wills admitting to probate tbe will ,of Joseph Miller, deceased.

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Appeal, No. 285, Jan. T., 1919, by William H. Miller, from decree of O. C. Lancaster Co., Feb. T., 1917, No. 48, refusing an issue d. v. n. and dismissing an appeal from the decision of the Register of Wills admitting to probate the will of Joseph Miller, deceased. Appeal from decision of register of wills admitting to probate tbe will ,of Joseph Miller, deceased. Before Smith, P. J. The orphans’ court refused to award an issue to determine the testamentary capacity of the testator and whether the will was procured by undue influence, and dismissed the appeal. Wm. H. Miller appealed. Errors…

1Opinion of the Court

Opinion by

Mr. Justice Kephart,

The appellant urges that an issue d. v. n. must be awarded, because the confidential relation existing be*318tween the decedent and his physician, who is named in the will as the residuary legatee, receiving a substantial part of the estate, raises a presumption of undue influence, and ipso facto entitles the contestant to an issue. The rule as stated by our brother, Moschzisker, in Phillips’s Est., 244 Pa. 35, 43, is as follows: “Where a person has testamentary capacity, but is so weak physically or mentally as to be susceptible to undue influence, and a substantial…

2Cases cited2 opinions

  1. Phillips' EstateSupreme Court of Pennsylvania · 1914
  2. Adams's EstateSupreme Court of Pennsylvania · 1908

3Cited by6 opinions

  1. Llewellyn's EstateSupreme Court of Pennsylvania · 1929
  2. Schwartz's EstateSupreme Court of Pennsylvania · 1940
  3. In Re Estate of LeVinSuperior Court of Pennsylvania · 1992
  4. Lauer WillSupreme Court of Pennsylvania · 1944
  5. Morrish EstateSuperior Court of Pennsylvania · 1944

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