Masseth's Estate
Supreme Court of Pennsylvania
Appeal, No. 69, Oct. T., 1905, by Margaret F. Campbell, from decree of O. C. Butler Co., refusing an issue devisavit vel non in Estate of Araminta Masseth. Petition for an issue devisavit vel non. Before Galbreath, P. J. The facts are stated in the opinion of the Supreme Court. Error assigned was decree refusing an issue.
1Opinion of the Court
Pee Cubiam,
The will of testatrix bears strong intrinsic evidence of her possession of a sound memory as to her possessions, and a clear view of what she wanted to do with them. There are seventeen clauses giving legacies and bequests of money and specific articles of personal and household use to nineteen different persons, and according to the testimony of the counsel who drew the will she dictated all these items to him from memory and without suggestion from others. It would require very clear evidence of want of testamentary capacity to overcome this prima facie case, and no such evidence…
2Cases cited3 opinions
- Kane's EstateSupreme Court of Pennsylvania · 1903
- Shreiner v. ShreinerSupreme Court of Pennsylvania · 1896
- Hess's AppealSupreme Court of Pennsylvania · 1862
3Cited by2 opinions
- In Re Cummings' EstateMontana Supreme Court · 1932
- In Re: Estate of: Reed, G.M. Appeal of: Reed, J.Superior Court of Pennsylvania · 2017