Estate of Lang

Citations

• 65 Cal. 19
• 2 P. 491
• 1884 Cal. LEXIS 424

Syllabus

<p>Evidence — Mental Capacity of Testator — Family Differences. — In passing upon the mental condition of a testator, family differences should not be considered by the jury except as they may bear upon the testator’s mental capacity at the time of the execution of the will.</p> <p>Evidence — Declarations of a Person of Unsound Hind.—The declarations of a testator, while of unsound mind, to the effect that he was of unsound mind, and under undue influence at the time of the execution of a will, does not prove or tend to prove the truth of the matters declared by him.</p> <p>Presumption—Drunkenness—Mental Incapacity. — No presumption arises that a man is of unsound mind from the fact that he is a drunkard.</p> <p>Revocation of Will—Intent.—Where a testator who tears his name from a will is of unsound mind at the time, the intent with which the act was performed does not constitute an element of revocation.</p>