Linton's Appeal
Supreme Court of Pennsylvania
Appeal' from. tbe Orphans’ Court of Armstrong county : Of October and November Term' 1883,-Mo. 126. ■ Appeal by A. F. Linton and P. R. E. Elwina Linton, bis wife, from a decree of said 'court dismissing their appeal from the decree of the register, admitting to probate the will of Jane D. Finlay, deceased, and refusing their petition for an issue devisavit vel non.
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Appeal' from. tbe Orphans’ Court of Armstrong county : Of October and November Term' 1883,-Mo. 126. ■ Appeal by A. F. Linton and P. R. E. Elwina Linton, bis wife, from a decree of said 'court dismissing their appeal from the decree of the register, admitting to probate the will of Jane D. Finlay, deceased, and refusing their petition for an issue devisavit vel non. From the testimony taken by the register, and submitted to the court, the following facts appeared : Mrs. Jane D. Fin-lay died December 80th 1876, leaving an estate worth over $50,000, and leaving to survive her, her husband, John…
1Opinion of the CourtJustice Sterrett
There appears to be nothing in the evidence that would have justified the court below, in sending the question of testamentary incapacity to a jury. Giving to .appellants’ testimony on that subject, all the weight to which it is reasonably entitled,' we think it was insufficient to create even a doubt as to the competency of Mrs. Einlay to make a will. It is true, that on the day the alleged will was signed, she was laboring under great nervous excitement, caused by her misgivings as to the result of the operation, to which she was then about to submit, and intensified by an unpleasant…
2Cited by12 opinions
- Novicki v. O'MaraSupreme Court of Pennsylvania · 1924
- Adams's EstateSupreme Court of Pennsylvania · 1908
- Folsom v. ButtolphIndiana Court of Appeals · 1924
- Wetzel v. EdwardsSupreme Court of Pennsylvania · 1940
- White's EstateSupreme Court of Pennsylvania · 1918
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