Estate of Egan

Citations

• 6 Coffey 28

Syllabus

<p>Will—Competency of Executor as Witness.—The executor named in a will is not, by reason of interest, disqualified to act as an attesting witness.</p> <p>Will—Competency of Testatrix—Instrument Itself as Indicating.— A will itself is an evidence which must be considered by the court as establishing the mental integrity of the testatrix.</p> <p>Will—Tests of Testamentary Capacity.—If a testator has sufficient memory and intelligence fairly and rationally to comprehend the effect of what he is doing, to appreciate his relations to the natural objects of his bounty, and understand the character and effect of the provisions of his will; if he has a reasonable understanding of the nature of the property he wishes to dispose of, and of the persons to whom and the manner in which he wishes to distribute it, and so express himself, his will is good. It is not necessary that he should act without prompting.</p> <p>Will—Constituents of Testamentary Capacity.—The constituents of testamentary capacity are that the testator has an idea of the character and extent of his property, and is capable of considering the persons to whom and the manner and proportion in which he wishes his property to go.</p> <p>Will—Capacity of Testatrix Established.—The testatrix in this ease responds to the foregoing conditions. She was competent to make her will and was free from undue influence.</p>