Roberts v. Clemens
Supreme Court of Pennsylvania
Appeal, No. 362, Jan. T., 1901, by defendant, from judgment of C. P. Chester Co., Aug. T., 1900, No. 10, on verdict for plaintiff in case of C. J. Roberts v. Jacob R. Clemens. Issue devisavit vel non. Before Hemphill, P. J. The opinion of the Supreme Court states tbe case. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff. Defendant appealed. Error assigned was in giving binding instructions for plaintiff.
1Opinion of the Court
Per Curiam,
This was an issue devisavit vel non, in the court below, to determine, (1) Whether the alleged will of Caroline Aiken was invalid because of want of testamentary capacity on the part of the testatrix ? and (2) Whether said will was procured by the undue influence of Dr. C. J. Roberts and his wife Mary E. Roberts, the principal beneficiaries under it? The testatrix was a widow and had no children. Her nearest collateral relatives were Jacob R. Clemens, this defendant, and two children of a deceased brother. The wife of plaintiff, Mary E. Roberts, was her first cousin. The testatrix…
2Cases cited4 opinions
- Wilson v. MitchellSupreme Court of Pennsylvania · 1882
- Englert v. EnglertSupreme Court of Pennsylvania · 1901
- Shaver v. McCarthySupreme Court of Pennsylvania · 1885
- McCormick v. McCormickSupreme Court of Pennsylvania · 1899
3Cited by11 opinions
- Phillips' EstateSupreme Court of Pennsylvania · 1914
- Fleming's EstateSupreme Court of Pennsylvania · 1919
- Guarantee Trust & Safe Deposit Co. v. HeidenreichSupreme Court of Pennsylvania · 1927
- Cressman EstateSupreme Court of Pennsylvania · 1943
- Keller v. LawsonSupreme Court of Pennsylvania · 1918
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