Estate of Bainbridge

Citations

• 6 Coffey 308

Syllabus

<p>Fraud—Pleading—Necessity and Manner.—Fraud is not judicable on implications or inferences; it must be expressly charged in the complaint by direct averment or allegation.</p> <p>Will—Mental Capacity of Testator—Will Itself as Evidence.—On the question of the mental soundness of a testator, the will itself is evidence in connection with the sworn testimony of the draftsman that the deceased- dictated the details to him.</p> <p>Will—Mental Incapacity of Testatrix—When not Shown.—That a testatrix at the age of eighty-four was incompetent to dispose of her property is not shown by a witness who testifies: “Regarding money matters I formed a very strong opinion that she was in her right mind, for one thing, but in regard to other matters she did not seem to be right. But in money matters she seemed to be vfery strong.”'</p> <p>Will—Dotage on Part of Testatrix—Insufficiency of Evidence.— That a woman in her old age recapitulates in her will her struggle to acquire a competence and expresses gratitude for aid received and a desire to reward through legacies those extending it to her, is not evidence of dotage such as to impair testamentary capacity.</p> <p>Will—Testamentary Incapacity—Gift to Strangers as Showing.— That a woman of eighty-four by her last will seeks to benefit strangers in blood who have benefited her, instead of leaving all her estate to collateral relatives, does not tend to show that a life-long addiction to drink in 'excess and other bad habits have impaired her mind.</p> <p>Will—Undue Influence—Presumption of Exercise.—It is not to be assumed that persons locally far separated from a testatrix exerted a personal undue influence over her or that persons about her exerted such an influence over her in the interest of the absent persons.</p> <p>Stipulation as to Evidence—Reference to Outside Facts.—Counsel after signing a stipulation to the effect that the statement contains all the material evidence is in no condition to argue that the court should lo