KERR v. O'DONOVAN


389 Pa. 614 (1957)

Kerr v. O'Donovan, Appellant.

Supreme Court of Pennsylvania.

June 28, 1957.


Attorney(s) appearing for the Case

Samuel J. Feigus, with him Harrison & Louik, for appellant.

Henry R. Beeson, with him Donald M. Higbee and Higbee, Lewellyn & Beeson, for appellee.

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


OPINION BY MR. JUSTICE BENJAMIN R. JONES, June 28, 1957:

This appeal in a will contest raises two principal questions: whether the court below erred (1) in withdrawing the question of undue influence from consideration by the jury and (2) in refusing a new trial after a jury verdict finding that the deceased had testamentary capacity.

Agnes O. Duncan, whose will is the subject of this controversy, died January 1, 1951, aged 62 years, at Connellsville State...

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