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WILLIAMS v. McCARROLL

374 Pa. 281 (1953)

Williams v. McCarroll, Appellant.

Supreme Court of Pennsylvania.

May 25, 1953.

Attorney(s) appearing for the Case

Frank X. York, for appellants.

John H. Bigelow, with him Bernard J. Duffy, Jr. and B.J. Duffy, Sr. and John G. Cipko, for appellee.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. JUSTICE BELL, May 25, 1953:

Thomas McMullen, a single man, died August 1, 1945, having made this contested will on February 9, 1945. Two questions were submitted to a jury for determination: (1), did McMullen on February 9, 1945 have testamentary capacity, and (2) was his will obtained by undue influence? The first jury was unable to agree whether McMullen had testamentary capacity, but found that his will was not obtained by undue influence. On a retrial...

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