Estate of Ellinghouse

Citations

• 6 Coffey 332

Syllabus

<p>Insane Delusions.—Prejudices, Dislikes and Antipathies, however ill-founded or strongly entertained, cannot he classed as insane delusions.</p> <p>Insane Delusions.—If One’s Mind is Tricked or Deceived into a false opinion, it is played upon, or deluded.</p> <p>Insane Delusions.—An Insane Delusion is the Spontaneous Production of a diseased mind leading to the existence of something that either does not exist or does not exist in the manner believed—a belief not entertainable by a rational mind, yet so firmly fixed that neither argument nor evidence can convince to the contrary.</p> <p>Insane Delusions.—In order to Attack Successfully a Will on the ground of insane delusions had by the testator, it must be shown that such delusions operated to cause the production of the will.</p> <p>Undue Influence.—The Burden of Proof, in the Case of a Will Contest on the ground of undue influence, is on the person contesting.</p> <p>Undue Influence.—Undue Influence, Such as Invalidates a Will, is something more than mere general influence not brought to bear upon the testamentary act; it must have been used directly to procure the will and have amounted to coercion, destroying the free agency of the testator.</p> <p>Undue Influence.—If a Motive or an Opportunity for the Exercise by anyone of undue influence upon a testator is shown, the law will not presume from this that such was exercised, and the showing does not shift the burden of proof.</p> <p>Undue Influence.—Proof That a Person’s Influence Over a Decedent was great would not be proof that it was unlawful or undue, and from the existence of it no presumption would arise of its actual unlawful exercise, even though it had manifestly operated on the decedent’s mind in making a testamentary disposition.</p>