Estate of Spangler

Citations

• 2 Coffey 22

Syllabus

<p>Insanity of Testator—Opinion of Witness.—A witness called on behalf of the proponent of a will to prove the sanity of the testator, who is not an expert, is not qualified to give his opinion where he did not know that about the time of the execution of the will the testator had been adjudged dangerous to be at large, and was sent to the home of the inebriates, and shortly after to the state insane asylum; all he knew being based upon the fact that he never heard the testator’s insanity questioned, and saw nothing particularly wrong about his mind.</p> <p>Insanity of Testator.—Upon the Issue of Sanity Raised by a Contest to the probate of a will, the court is concerned only with the fact of insanity, whatever cause the insanity may have proceeded from being immaterial.</p> <p>Insanity of Testator.—The Instrument Propounded as a Will should itself be considered in connection with other evidence, upon the issue of the testator’s sanity.</p> <p>Insanity of Testator—Injustice of Will.—Where the testator’s estate was small, and he left nothing to his wife, who had been his spouse for twenty-five years, and was aged and infirm, remitting her to her community rights, but bequeathed all his estate to strangers, this fact may be considered as evidence in connection with other facts and testimony, upon the issue as to the insanity of testator.</p> <p>Insanity of Testator—When Established by Evidence.—Where a will gives all the estate of the testator to strangers, remitting the widow to her community rights, the probate thereof should be denied if it appears that the testator while young became insane and was confined to a straight-jacket for six months; that he had a brother and cousin who were insane; that he embraced spiritualism a few years before his death and did many strange things under alleged spiritualistic influences; that he had a great many peculiar beliefs; that less than a month after making his will he was sent to the home of inebriates as dangerously insane,