Surface v. Bentz
Supreme Court of Pennsylvania
Appeal, No. 370, Jan. T., 1909, by plaintiff, from judgment of C. P. Cumberland Co., Nov. T., 1909, No. 50, on verdict for defendants in case of H. A. Surface v. John M. Bentz, A. W. Bentz et al., heirs of William Bentz. Issue devisavit vel non. Before Sadler, P. J. The facts appear in the opinion of the Supreme Court.
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Appeal, No. 370, Jan. T., 1909, by plaintiff, from judgment of C. P. Cumberland Co., Nov. T., 1909, No. 50, on verdict for defendants in case of H. A. Surface v. John M. Bentz, A. W. Bentz et al., heirs of William Bentz. Issue devisavit vel non. Before Sadler, P. J. The facts appear in the opinion of the Supreme Court. Plaintiff requested the court to charge, inter alia, as follows: 6. If at the time of making the alleged will or republishing the same, the testator was sound in mind and knew the business in which he was engaged, then it is immaterial whether he was mentally unsound or…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This was an issue devisavit vel non to determine whether William Bentz was at the time of the execution of a paper purporting to be his last will, of sound and disposing mind, and whether he was induced to make said paper by undue influence. The trial of the cause resulted in a finding in favor of the plaintiff on the second, and in favor of the defendants on the first, of the *613two issues, and this appeal was taken by the plaintiff who alleges numerous errors committed by the court below on the trial of the cause.
Several of the assignments allege error iff the…
2Cases cited2 opinions
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