Coleman v. Robertson's Executors

Citations

• 17 Ala. 84

Syllabus

<p>1. A person, possessed-of sufficient capacity to attend to Ms ordinary business, is capable of making a valid will.</p> <p>2. An instruction to the jury, that an unequal distribution of property by a testator amongst his next of kin is no legal reason for considering it an irrational act, is the assertion of a. correct legal proposition, and cannot be regarded as precluding them, in making up their verdict, from a consideration of the character of I he will, in connection with the other evidence.</p> <p>3. If a testator bo of sound mind, and the will is not procured by fraud or the exercise of undue influence, he may make such disposition of his property as partiality, pride or caprice may dictate.</p> <p>4. The capacity requisite to make a valid will or contract is precisely the same.</p> <p>5. A.ckarge to the jury, that, if they believed “that from the weakness of mind of the deceased, undue influence had been practiced on him, then the will was not valid,” cannot be considered as asserting the proposition that undue influence, unconnected with weakness of mind, is no objection to its validity.</p>