not enough to show mental derangement. "A will is unnatural in a legal sense only when it is contrary to what the testator from his known views, feelings and intentions would have been expected to make. When it is in accordance with such views, it is never unnatural however much it may differ from the ordinary actions of men in similar circumstances:" Morgan's Estate, supra.

In a proceeding like the present one in order to overthrow the will because of a delusion, it is necessary for the contestant to bring forward evidence tending to show a belief in something not true, based on no evidence, and to be accounted for only by considering it as the product of mental derangement. The evidence must show more than facts merely consistent with a diseased mental condition. They must be evidence of a diseased mental condition, and there is no presumption, resulting in a shifting of the burden of proof, from any necessity of justifying the testator's opinions: McGovran's Estate, supra.

If, with this test in mind, this Court decides that a verdict against the will upon testimony taken, would be allowed to stand, an issue should be granted. If, however, the Court decides that a verdict would have to be set aside, the issue should not be granted: Bonnelly's Estate (1910), 217 Pa. 609.

In considering the evidence, the testimony of the contestant and of her witnesses will be taken as true, even though it is contradicted by the testimony of other witnesses.

What is the testimony to show a delusion? A great many witnesses testified that Mrs. Moyer was a dutiful daughter, that she was very kind to her father and mother, that she nursed her mother on her deathbed, and that both parents praised her for what she did for them. This testimony as to the mother covers the period from Mrs. Moyer's early childhood to the mother's death, and as to Mr. Alexander, comes up almost to the time when the Moyers went to housekeeping in 1902. A number of letters showing an affection for Mrs. Moyer on the part of her father were introduced. In May, 1898, the first Mrs. Alexander died, and about a year later, as has been said, Mrs. Moyer was married. Mr. Alexander hesitated about giving his consent to the marriage, because he did not want his daughter to move away, and finally con

sented on the condition that the Moyers stay at home with him. After the wedding and a wedding trip, the Moyers came back to Reading and made their home with Mr. Alexander. The relations seem to have been at first cordial and intimate. The first unpleasantness arose when the servant, Lena, complained to Mrs. Moyer of an indecent assault upon her by Mr. Alexander, and Mrs. Moyer wrote him a letter in which she asked him how he would feel if she was subjected to the same treatment as that to which he had subjected Lena. Mr. Alexander, when he received the letter, appeared sorry, promised to be different, and did not seem to resent his daughter's conduct. A few weeks later, Mr. Alexander "forgot himself" again, when Mrs. Moyer told him that he was too good a man to fall so low. Mr. Alexander's reply was that men were weak and again did not appear to resent his daughter's talking to him. Later, Mrs. Moyer and the servant, Mary Snyder, had some difficulty getting along, because the servant did not feel that Mrs. Moyer had a right to dictate in her father's house. Finally, Mr. Moyer decided that he wanted to go to housekeeping. Mr. Alexander went out to look at the house that the Moyers had tentatively selected, but came back and said to his daughter: "I want you to stay here." This request seems to have delayed the going to housekeeping from January to August. On the Saturday before the Moyers went to housekeeping, in the morning, Mr. Alexander kicked all the tinware, which Mrs. Moyer had bought for housekeeping, down the stairs, and said he would break up everything pertaining to the moving. Referring to the moving, he said, "I won't stand for it." In the evening of the same day he came home intoxicated, told Mrs. Moyer that she would not leave alive, followed her through the house with a revolver, and finally struck her. About this time, Mr. Moyer arrived on the scene, got hold of Mr. Alexander, refused to accept his apology, because, as he told Mr. Alexander, a man who strikes a woman is a cur. After this unfortunate affair the Moyers did. not see Mr. Alexander until the following Wednesday, the day they moved away. As they were leaving, Mr. Alexander promised to send some pictures to them, played with the children and kissed them, but refused to kiss Mrs. Moyer.

Emma Andrews, one of the witnesses for the contestant, testified that Mrs. Moyer said that she left her father because the servant, Mary Snyder, made it unpleasant, did not want the Moyers there, and influenced Mr. Alexander against her. To the same effect is the testimony of Kate Greenawalt, a witness for the contestant. Finally, Annie M. Coombs, called by the contestant, testified that Mrs. Moyer explained her leaving by saying that Mr. Alexander used bad language.

Shortly before the moving, Mr. Alexander said to Sophia Wilson that if Mrs. Moyer moved away he would never forgive her, and just at the time of the moving he wrote a letter to Mary Mengel, in which he said: "Yes mamie its only to true Nettie has gone to Housekeeping Finished moving I think to-day. I hope that it may be for the best and sincerely pray that it may be. But she must be & do different or it can not be. * * * If you or the World knowed one hundredth part of her actions towards me they would not think it possible to eminate from your own flesh and blood. God only Knows what I have suffered in mind the past few years *** I last week fixed up my worldly affairs so that my labors of this Life will be placed as I elect."

The reference with respect to fixing up his worldly affairs no doubt is to the will written by Charles H. Schaeffer, Esq., in which Mrs. Moyer was neither mentioned nor provided for.

It is contended on the part of the contestant that Mr. Alexander's belief at this time that he had been badly treated in "the past few years" must have been a figment of the imagination, because of various affectionate acts on his part toward both his daughter and her children, such as his loving care of his daughter at the time of Dorothy's birth, his presenting his granddaughter, Josephine, with a silver cup on her birthday, his insisting upon phoning to his daughter and the "kiddies" from Boston and Providence very late at night, and because the facts so far detailed would not be sufficient to make a rational man disinherit his own flesh and blood. In short, it is contended that the evidence is such as to warrant a jury in finding that Mr. Alexander was mentally deranged.

The Court cannot agree with this contention. It may

be assumed for the purposes of this discussion that Mr. Alexander was unreasonable, that what he did was unworthy of a man of his standing, that, perhaps, his conduct was consistent with mental derangement; but all these assumptions are not sufficient, as we have seen, to prove a delusion. There is no proof of any kind that Mr. Alexander did more than see the facts as they were and pass a very extreme judgment upon them; and the mere extravagance of the language of his letter to Mary Mengel ought not to be considered as dependable evidence upon which to base a verdict of mental disorder.

After the Moyers went to housekeeping in August, 1902, Mr. Alexander did not come to see them. On September 19th of the same year, Mrs. Moyer's birthday, she went with the children to call on her father. He saw them at the gate of his house, but refused to speak to them.

In May, 1903, Mrs. Moyer and her children met Mr. Alexander on a street car, but he again refused to speak to them. A few days later Mr. Alexander's father died, and Mrs. Moyer, while on her way to her grandfather's house in a coupe, met her father, invited him to go with her, and he did so. He was very pleasant and told Mrs. Moyer to bring the children to his house every Saturday evening. While at the grandfather's house, Mrs. Moyer placed a chair at the bedside for her father, but he kicked it away. At the funeral, Mr. Alexander made a "big fuss" over the children.

In accordance with Mr. Alexander's invitation, Mrs. Moyer took the children to see her father every Saturday evening until the following August. He was very pleasant and sent the children a swing and Mrs. Moyer some pictures.

One Saturday in August the weekly visit was made, but Mr. Alexander was apparently intoxicated. He wanted the children to walk over the table cloth and rubbed their heads together. Mrs. Moyer objected, and he said something that made her and the children cry. The visit was no doubt unpleasant.

About a week later Mrs. Moyer called on her father. He refused to say good morning; and she then told him that she did not think he should condemn her on what other people said, that he should tell her what people said

and that until he told her it might be better if she did not call. He said nothing; she left and that was her last visit.

Mr. Alexander soon after married Mrs. Darrah; and when they got back from their wedding trip Mrs. Moyer phoned to her father and congratulated him. A few days later she met him at his sister's home, shook hands with him and told him that she should have been invited to the wedding. Mrs. Alexander, at this time, complained of an article in the Herald newspaper about Mr. Alexander's marrying his housekeeper, and said that Mrs. Moyer was accused of putting it in the paper.

After this meeting Mr. Alexander had practically nothing to do with his daughter or her children with the exception of writing the following letter to her:

"Sept 26 1903 Mrs J. Harry Moyer Madam. Most agreeable to your phone wishes of this a m I hand you per the bearer the earings of you late dear Mother. In preference to having you call at house. In which connection I wish to impress upon you once for all times that no further or future happiness this is likely to occur to sister Lillie Mrs. A. or myself, shall be interfered with or made miserable by your visits with that wicked tongue of your which you have educated to expressed about me in the lowest most scandelous vilifying & libelous character about me. I have permitted this to continue hoping you would see the terrible injustice you were doing me. But patience has ceased to be a virtue & the cup of bitter ingratituded is running over. And I will not tolerate any further scandelous use of my name and your wicked tongue must cease from henceforth or I will punish you to the fullest extend of the law. Your once father E. W. Alexander.

Show this letter to Harry as you should & then in all truth & candor tell him that 98 per cent. of the people you meet you took occasion to lie & scanlize your once father."

This letter refers to stories circulated by Mrs. Moyer, or believed by Mr. Alexander to have been circulated by her. Mrs. Moyer testified that she talked about her father to members of the family, not maliciously or unkindly, but for the purpose of helping him to do better.

Hunter Henninger testified that Mr. Alexander fre