Legal Opinion

Tyson's Estate

Supreme Court of Pennsylvania

Decided March 1, 1909No. Appeal, No. 280PublishedCited by 5 opinions

Appeal, No. 280, Jan. T., 1908, by Evan Kimbel, from decree of O. C. Montgomery Co., Oct. T., 1907, No. 28, refusing an issue devisavit vel non in estate of Sarah K. Tyson, deceased. Petition for an issue devisavit vel non. Before .Solly, P. J. The facts are stated in the opinion of the Supreme Court. Error assigned was in refusing an issue devisavit vel non.

1Opinion of the Court

Per Curiam,

This appeal is from the refusal of an issue devisavit vel non. The reasons assigned for the granting of an issue were that the decedent was without testamentary capacity and that the will and codicil were procured by undue influence exercised by *597the two principal legatees. It was frankly conceded at the argument in this court that the first reason was not sustained and that the evidence would not have justified the orphans’ court in granting an issue as to want of testamentary capacity.

On the question as to the exercise of undue influence by the two principal beneficiaries, the…

2Cited by5 opinions

  1. Phillips' EstateSupreme Court of Pennsylvania · 1914
  2. Cookson's EstateSupreme Court of Pennsylvania · 1936
  3. McNitt's EstateSupreme Court of Pennsylvania · 1910
  4. Buechley's EstateSupreme Court of Pennsylvania · 1923
  5. Conway's EstateSupreme Court of Pennsylvania · 1917

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