Swope v. Donnelly
Supreme Court of Pennsylvania
Appeal, No. 289, Jan. T., 1898, by defendant, from judgment of C. P. No. 4, Phila. County, June T., 1896, No. 1083, on verdict for plaintiff. Issue devisavit vel non. Before Abnold, P. J. At the trial it appeared that Mary R. Donnelly died on December 25, 1893. A paper alleged to be the will of decedent was dated December 10, 1893, and under its provisions Nellie Swope and Monica Doorley were the residuary legatees.
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Appeal, No. 289, Jan. T., 1898, by defendant, from judgment of C. P. No. 4, Phila. County, June T., 1896, No. 1083, on verdict for plaintiff. Issue devisavit vel non. Before Abnold, P. J. At the trial it appeared that Mary R. Donnelly died on December 25, 1893. A paper alleged to be the will of decedent was dated December 10, 1893, and under its provisions Nellie Swope and Monica Doorley were the residuary legatees. The paper was attacked by the decedent’s husband, Patrick F. Donnelly, as a forgery. Four witnesses testified to the execution of the paper. Emma Witherspoon, called by…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
On the questions of testamentary capacity and fraud or undue influence in the procurement of a will, the declarations of a testator, not a part of the res gestee, but so connected in point of time with the testamentary act as to justify an inference that they indicate the state of the testator’s mind when the will was executed, are admissible in evidence. Such declarations may be direct proof on the question of testamentary capacity, but as tending to establish the fact of undue influence they are hearsay merely, and without force. They are however admissible on…
2Cases cited4 opinions
- Johnson v. BrownTexas Supreme Court · 1879
- Tynan v. PaschalTexas Supreme Court · 1863
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- Hoppe v. ByersCourt of Appeals of Maryland · 1883
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- Young EstateSupreme Court of Pennsylvania · 1943
- Rea v. PursleySupreme Court of Georgia · 1930
- Ries v. Ries's EstateSupreme Court of Pennsylvania · 1936
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