Eckert v. Flowry
Supreme Court of Pennsylvania
Error to the Common Pleas of Lancaster county. This was an issue to try the validity of a writing, purporting to be the last will and testament of Louisa Youngheim, deceased, in which John Eckert was plaintiff, and Mary E. Elowry, a daughter of testatrix, was defendant. On the trial the plaintiff proved the proper execution of the will, and it was admitted in evidence.
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Error to the Common Pleas of Lancaster county. This was an issue to try the validity of a writing, purporting to be the last will and testament of Louisa Youngheim, deceased, in which John Eckert was plaintiff, and Mary E. Elowry, a daughter of testatrix, was defendant. On the trial the plaintiff proved the proper execution of the will, and it was admitted in evidence. The defence alleged great mental imbecility in the testatrix, coupled with undue influence and actual duress, exercised upon her by the plaintiff, thereby creating an unfounded prejudice against the defendant, and resulting in…
1Opinion of the Court
The opinion of the Court was delivered, by
Strong, J.
The exceptions to the admission of evidence, as well as those to the charge of the court, all point to but one error. That, however, was radical, and it pervaded every part of the trial. The paper'set up as the will of Louisa Youngheim was assailed on two grounds. The absence of a disposing mind in the testatrix, and undue influence exerted over her by John Eckert in procuring it, were both averred. It -was to prove the latter that the testimony of Mary Miller and Mary Fricker, recited in the first and second bills of exceptions, was…
2Cited by7 opinions
- Herster v. HersterSupreme Court of Pennsylvania · 1889
- Brennan's EstateSupreme Court of Pennsylvania · 1933
- Thompson WillSupreme Court of Pennsylvania · 1956
- Englert v. EnglertSupreme Court of Pennsylvania · 1901
- Trost v. DinglerSupreme Court of Pennsylvania · 1888
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