Scattergood v. Kirk
Supreme Court of Pennsylvania
Appeal, No. 418, Jan. T., 1899, by defendant, from judgment of C. P. No. 1, Phila. Co., March T., 1898, No. 410, on verdict for plaintiff, in suit of Catharine Scattergood v. Helen T. Kirk. Issue devisavit vel non. Before Beitler, P. J. The facts appear by the report of the case in 192 Pa. 263, and by the opinion of the Supreme Court, infra.
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Appeal, No. 418, Jan. T., 1899, by defendant, from judgment of C. P. No. 1, Phila. Co., March T., 1898, No. 410, on verdict for plaintiff, in suit of Catharine Scattergood v. Helen T. Kirk. Issue devisavit vel non. Before Beitler, P. J. The facts appear by the report of the case in 192 Pa. 263, and by the opinion of the Supreme Court, infra. At the trial defendant presented the following points : 1. .If you shall find from the testimony that from about November, 1896, to August, 1897, Mrs. Scattergood lived in the house and company, and had the care of Miss Cummins; that the latter was…
1Opinion of the Court
Opinion by
Mb. Justice Fell,
The first and second assignments have not been pressed, and as regards the third and fourth we are asked to consider not merely technical errors, but whether under all the testimony the case should have been withdrawn from the jury by peremptory instruction to find for the defendant. The issue was devisavit vel non. It was conceded that the testatrix was of sound and disposing mind, and was possessed of testamentary capacity. The contest was confined to the question of the use of undue influence in procuring the execution of the will or codicil.
At a former trial of…
2Cases cited1 opinion
- Caldwell v. AndersonSupreme Court of Pennsylvania · 1883
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- Simmons v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1901
- Koons's EstateSupreme Court of Pennsylvania · 1928