Shreiner v. Shreiner
Supreme Court of Pennsylvania
Appeal, No. 147, Jan. T., 1896, by plaintiffs, from judgment of C. P. Lancaster Co., March T., 1893, No. 49, on verdict for defendant. Issue devisavit vel non. Before Livingston, P. J. Maria Shreiner, the testatrix, died on April 9, 1892, aged seventy-nine years. Her will was written by a prominent member of the Lancaster bar, and executed by her J une 30,1887, the attesting witnesses being leading merchants of Lancaster city, who knew her well.
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Appeal, No. 147, Jan. T., 1896, by plaintiffs, from judgment of C. P. Lancaster Co., March T., 1893, No. 49, on verdict for defendant. Issue devisavit vel non. Before Livingston, P. J. Maria Shreiner, the testatrix, died on April 9, 1892, aged seventy-nine years. Her will was written by a prominent member of the Lancaster bar, and executed by her J une 30,1887, the attesting witnesses being leading merchants of Lancaster city, who knew her well. In her will she mentioned all of her children by name, and left the greater portion of the share of the contestant to her executors (who are also…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The third assignment of error must be sustained. The learned judge charged the jury that it was “ necessary that a testator at the time he makes and executes his will should be possessed of a sound mind. . . A sound mind has been defined to be a mind wholly free from delusion.” This was a serious overstatement of the requirements as to testamentary capacity in a case where as in the present the will was contested mainly on the ground of delusions or hallucinations on the part of testatrix. It is settled that the existence of delusions will not destroy…
2Cases cited3 opinions
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- Eddey's AppealSupreme Court of Pennsylvania · 1885
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- In Re Will of Robert CarrOregon Supreme Court · 1927
- Englert v. EnglertSupreme Court of Pennsylvania · 1901
- Hook's EstateSupreme Court of Pennsylvania · 1903
- In Re Cummings' EstateMontana Supreme Court · 1932
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