Johnson's Estate
Supreme Court of Pennsylvania
Appeal, No. 359, Jan. T., 1894, by Mary Johnson and Florence E. Haley, children and heirs, from decree of O. C. Montgomery Co., Sept. T., 1892, No. 26, refusing issue devisavit vel non, in estate of Jesse K. Johnson, deceased. Petition .for issue devisavit vel non, on appeal from probate.
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Appeal, No. 359, Jan. T., 1894, by Mary Johnson and Florence E. Haley, children and heirs, from decree of O. C. Montgomery Co., Sept. T., 1892, No. 26, refusing issue devisavit vel non, in estate of Jesse K. Johnson, deceased. Petition .for issue devisavit vel non, on appeal from probate. The evidence tended to show that testator devised and bequeathed to Anna M. Russell nearly half of his estate, and that at the time of the execution of his will he had unlawful relations with her. The evidence did not show that she was present when the will was made, or that she had anything to do with the…
1Opinion of the Court
Per Curiam,
We think the learned court below was clearly right in refusing the issue asked for in this case. The application was for an issue upon the question of undue influence exercised by Anna M. Russell upon the testator in procuring the legacy in her favor. In point of fact the case is absolutely destitute of proof of a single act of influence, undue or otherwise, on the part of Mrs. Russell. There is no testimony to show that she ever, at any time or in any circumstances, even so much as asked him to make a provision in her favor. The will was written by the testator himself, fourjmars…
2Cases cited5 opinions
- Reichenbach v. RuddachSupreme Court of Pennsylvania · 1889
- Rudy v. UlrichSupreme Court of Pennsylvania · 1871
- Dean v. NegleySupreme Court of Pennsylvania · 1862
- Main v. RyderSupreme Court of Pennsylvania · 1877
- Wainwright's AppealSupreme Court of Pennsylvania · 1879
3Cited by2 opinions
- Kustus v. HagerSupreme Court of Pennsylvania · 1920
- Kelly's EstatePennsylvania Orphans' Court, Northumberland County · 1930