Zimmerman v. Zimmerman
Supreme Court of Pennsylvania
Error to the Common Pleas of Berks county. This was a feigned issue in which Daniel and Abraham Zimmerman were plaintiffs, and John Zimmerman was defendant, directed to try the validity of an alleged will of Isaac Zimmerman. The plaintiffs were the executors of the will, which was dated the 11th June, 1850. On part of the plaintiffs, the subscribing witnesses to the will were examined as to its execution, and the capacity of the testator.
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Error to the Common Pleas of Berks county. This was a feigned issue in which Daniel and Abraham Zimmerman were plaintiffs, and John Zimmerman was defendant, directed to try the validity of an alleged will of Isaac Zimmerman. The plaintiffs were the executors of the will, which was dated the 11th June, 1850. On part of the plaintiffs, the subscribing witnesses to the will were examined as to its execution, and the capacity of the testator. The admission of the will was objected to, because it referred to a written agreement between the decedent and his sons; because the widow of the testator…
1Opinion of the Court
The opinion of the Court was delivered by
Woodward, J.
When a will duly executed is offered for probate, the law presumes competency in the testator, and that the instrument expresses his free and unconstrained wishes in regard to the disposition of his property. This presumption may be rebutted by showing, to the satisfaction of a jury, that the will was obtained by fraud and imposition practised on the testator, or by duress, or by undue influence. What constitutes undue influence, is a question which must depend very much on the circumstances of each case. It is in its nature one of those…
2Cases cited2 opinions
- Foster v. SmallSupreme Court of Pennsylvania · 1838
- Denslow v. MooreSupreme Court of Connecticut · 1805
3Cited by3 opinions
- Phillips' EstateSupreme Court of Pennsylvania · 1914
- Williams v. McCarrollSupreme Court of Pennsylvania · 1953
- Thompson WillSupreme Court of Pennsylvania · 1956