Wainwright's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia county: Of January Term 1877, No. 168. Appeal of Israel R. Wainwright and others, the heirs at law of William Wainwright, deceased, from' the decree of the court refusing their demand for an issue devisavit velnon, and affirming the, decision of the Register of Wills admitting to probate a writing purporting to be the last will of said William Wainwright, deceased.
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Appeal from the Orphans’ Court of Philadelphia county: Of January Term 1877, No. 168. Appeal of Israel R. Wainwright and others, the heirs at law of William Wainwright, deceased, from' the decree of the court refusing their demand for an issue devisavit velnon, and affirming the, decision of the Register of Wills admitting to probate a writing purporting to be the last will of said William Wainwright, deceased. The alleged, will was signed by deceased on January 10th 1876, between 11 and 12 o’clock p. m., and he died about 8 p. m. on the following day. The will provided for the paj'ment of…
1Opinion of the CourtChief Justice Sharswood
It is strongly contended that there were disputed facts disclosed by the evidence from which the jury might have found that an undue influence was exerted over the mind of the testator. It is clearly settled that the constraint which will avoid a will must be one operating in the act of making the will. Threats, violence or any undue influence long past, and not shown to be in any way connected with the testamentary act are not evidence to impeach a will: McMahon v. Ryan, 8 Harris 329; Eckert v. Flowry, 7 Wright 417; Thompson v. Kyner, 15 P. F. Smith 368. In an issue devisavit vel non on the…
2Cited by9 opinions
- Herster v. HersterSupreme Court of Pennsylvania · 1889
- Brennan's EstateSupreme Court of Pennsylvania · 1933
- Thompson WillSupreme Court of Pennsylvania · 1956
- Robinson v. RobinsonSupreme Court of Pennsylvania · 1902
- Johnson's EstateSupreme Court of Pennsylvania · 1894
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