HOFFMAN WILL, 394 Pa. 391 (1959)

147 A.2d 633

Hoffman Will.

Supreme Court of Pennsylvania.Argued November 13, 1958.
January 12, 1959.

Wills — Execution — Testamentary capacity — Bodily infirmity — Undue influence — Burden of proof — Proof of execution — Sufficiency.

In this will contest raising issues of testamentary capacity, undue influence and the sufficiency of the proof of execution of the will before the register of wills in which the court below, after reviewing the evidence, ruled that (1) testatrix possessed testamentary capacity when she executed the will; (2) the will had been

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proved by the oaths or affirmations of two competent witnesses before the register of wills; (3) contestants failed to prove that the execution of the will was procured by undue influence; (4) the evidence did not establish any confidential relation between proponent and the testatrix; and (5) the evidence did not establish that the testatrix had a weak intellect at the time of the execution of the will, it was Held that the court below had properly dismissed the appeal from the decree of probate.

Before JONES, C. J., BELL, MUSMANNO, JONES, COHEN and BOK, JJ.

Appeals, Nos. 204 and 208, March T., 1958, from decree of Orphans’ Court of Allegheny County, No. 2159 of 1956, in re estate of Antonia Hoffman, deceased. Decree affirmed.

Same case in court below: 15 Pa. D. C.2d 331.

Appeal from order of register of wills allowing probate. Before BOYLE, P. J.

Adjudication entered dismissing appeal, exceptions to adjudication dismissed and decree entered. Contestants appealed.

Fred C. Houston, Jr., with him Houston Houston, for appellants.

Valera Grapp, with her Michael A. Hanna, for appellee.

OPINION PER CURIAM, January 12, 1959:

The decree is affirmed on the able opinion of President Judge BOYLE sur the will contest, and his opinion dismissing the exceptions filed by the contestants, which are reported in 15 Pa. D. C.2d 331. Costs to be paid by appellants.

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