Atlantic Reporter; Cases Argued and Determined in the Courts of Connecticut, Delaware, Maryland, New Hampshire, New Jersey, Pennsylvania, Rhode Island (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897 Excerpt: ... he had not been on very good terms, and he did not feel disposed to help his family In consequence of the very ill feeling which was existing at that time between them.' At the date of the execution of the will In contest, the son had by his conduct further added to the anger and irritation of his father. He had refused to surrender and vacate a house he occupied by the sufferance of his father, and obliged him to obtain possession by legal proceedings. "Without recapitulating the many trivial and unimportant facts appearing from the testimony, it will suffice to say sufficient has not been shown by the contestant to entitle him to an issue to be submitted to a Jury. There Is not the slightest evidence of undue Influence exerted upon the mind of the testator, who Is admitted to have possessed full testamentary capacity. There Is no evidence that testator was actuated by a false delusion respecting his son, or that the small bequest to him resulted from the prejudice against or hatred of his son caused by false and slanderous accusations respecting his honesty while In his employ; and non constat he would ever bequeath to him a larger sum or share of his estate. This being the case, the verdict of the jury against the will could not be sustained, and therefore the appeal from the register is dismissed, and the issue refused." John G. Johnson, for appellant Theodore A. Tack, Alfred C. Ferris, and Thomas R. Elcock, for appellees. PER CURIAM. This proceeding was on the petition of Thomas E. Cahill, only surviving son of Richard P. Cahill, deceased, for an issue devisavit vel non to determine whether his said father, at the time of making the alleged last will, was of sound mind, and whether the making of the instrument was procured by undue influence...