Legal Opinion

Englert v. Englert

Supreme Court of Pennsylvania

Decided January 7, 1901No. Appeal, No. 71PublishedCited by 20 opinions

Appeal, No. 71, Oct. T., 1900, by plaintiff, from judgment of C. P. No. 3, Allegheny Co., Feb. T., 1899, No. 104, on verdict for defendants in case of Charles Englert v. John Englert et al. Issue devisavit vel non. Before Evans, J. At the trial it appeared that testatrix, Christina Englert, was at the time of her death about seventy-eight years old. Ten days before her death she executed her will by which she gave practically her whole estate to Charles Englert.

Read the full summary

Appeal, No. 71, Oct. T., 1900, by plaintiff, from judgment of C. P. No. 3, Allegheny Co., Feb. T., 1899, No. 104, on verdict for defendants in case of Charles Englert v. John Englert et al. Issue devisavit vel non. Before Evans, J. At the trial it appeared that testatrix, Christina Englert, was at the time of her death about seventy-eight years old. Ten days before her death she executed her will by which she gave practically her whole estate to Charles Englert. She was living at this time with Charles who was her son. The issues tried were lack of testamentary capacity and undue influence.…

1Opinion of the Court

Opinion by

Mb. Justice Bbown,

In this issue devisavit vel non the contestants allege want of testamentary capacity' and the exercise of undue influence over the testatrix at the time her will was executed. We have, with proper care, reviewed all the testimony and are unable to discover what could have justified the jury in finding that the testatrix did not at the time she executed her will, possess that intelligent perception and understanding of the disposition she was about to make of her property, which are essential to a valid testamentary distribution of one’s estate. In support of her…

2Cases cited5 opinions

  1. Tawney v. LongSupreme Court of Pennsylvania · 1874
  2. Shreiner v. ShreinerSupreme Court of Pennsylvania · 1896
  3. Trost v. DinglerSupreme Court of Pennsylvania · 1888
  4. Eckert v. FlowrySupreme Court of Pennsylvania · 1862
  5. McMahon v. RyanSupreme Court of Pennsylvania · 1853

3Cited by20 opinions

  1. Phillips' EstateSupreme Court of Pennsylvania · 1914
  2. Williams v. McCarrollSupreme Court of Pennsylvania · 1953
  3. Aggas v. MunnellSupreme Court of Pennsylvania · 1930
  4. Keen's EstateSupreme Court of Pennsylvania · 1930
  5. Guarantee Trust & Safe Deposit Co. v. HeidenreichSupreme Court of Pennsylvania · 1927

15 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API