Thompson v. Kyner
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Franklin county: No. 70, to May term 1870. This was an action of ejectment, brought March 24th 1868, for two tracts of land in Franklin county, by Mary Thompson and others, heirs of George Kyner, deceased, against Alexander W. Kyner. The defendant claimed as devisee of the decedent; the plaintiffs alleged that the will was invalid by reason of the incapacity of the decedent and undue influence exercised over him by defendant.
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Error to the Court of Common Pleas of Franklin county: No. 70, to May term 1870. This was an action of ejectment, brought March 24th 1868, for two tracts of land in Franklin county, by Mary Thompson and others, heirs of George Kyner, deceased, against Alexander W. Kyner. The defendant claimed as devisee of the decedent; the plaintiffs alleged that the will was invalid by reason of the incapacity of the decedent and undue influence exercised over him by defendant. The will had been contested in an issue directed by the Register’s Court, and a verdict rendered sustaining the will. The decedent…
1Opinion of the Court
The opinion of the court was delivered, July 7th 1870, by
Thompson, C. J.
Testamentary capacity is always presumed to exist until the contrary is established. An abnormal condition of mind is never presumed when a testator makes his will, unless a previous aberration be shown, of such a nature as may admit of a presumption of recurring unsoundness at any time: 4 Wash. C. C. Rep. 262; 8 Shepley 461; 5 Johns. 144; 1 Pet. C. C. *378Rep. 166. It is true, the witnesses to a will when produced for probate, are asked whether they regarded the testator of sound and disposing mind and memory, but this is…
2Cases cited3 opinions
- Jackson v. Van DusenNew York Supreme Court · 1809
- Stevens v. VancleveU.S. Circuit Court for the District of New Jersey · 1822
- of Converse v. ConverseSupreme Court of Vermont · 1849
3Cited by22 opinions
- Phillips' EstateSupreme Court of Pennsylvania · 1914
- Tetlow's EstateSupreme Court of Pennsylvania · 1921
- Lawrence's EstateSupreme Court of Pennsylvania · 1926
- Ash WillSupreme Court of Pennsylvania · 1944
- Aggas v. MunnellSupreme Court of Pennsylvania · 1930
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