Opinion
March 20, 1964.
July 1, 1964.
Wills — Signature of testator — Testator's hand guided by another person — Testamentary capacity — Undue influence — Wills Act of 1947.
In this will contest in which it appeared that testator could not, because of paralysis, hold a pen in his fingers but he did have sufficient muscular power in his hand and arm to write his signature with assistance, that after his reputable attorney read the will to testator, a pen was placed in his right hand and his nurse placed her right hand over testator's right hand to apply sufficient pressure for guidance and proper grasp, and the will was signed by testator in this manner, it was Held that (1) the will was "signed by the testator" in compliance with the Wills Act of 1947, P. L. 89, § 2 and (2) the court below had properly found, on the evidence, that testator possessed testamentary capacity and the will was not the result of undue influence.
Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.
Appeal, No. 56, March T., 1964, from decree of Orphans' Court of Allegheny County, No. 292 of 1962, in re estate of William P. Milleman, Jr., deceased. Decree affirmed.
Same case in court below: 33 Pa. D. C.2d 602.
Appeal from decision of register of wills admitting alleged will to probate.
Order entered dismissing appeal, exceptions dismissed and final decree entered, opinion by BOYLE, P. J. Contestant appealed.
Elizabeth Bailey, with her James C. Tallant, for appellant.
James M. Arensberg, with him Carl W. Brueck, Jr., Ernest Vesely, Frank Bolte, and Brueck, Walker Brueck, and Patterson, Crawford, Arensberg Dunn, and McMonigle Vesely, for appellees.
The Decree is affirmed on the Opinion of President Judge HUGH C. BOYLE, which is reported in 33 Pa. D. C.2d 602. Appellant to pay the costs.