Ethridge v. Hannah Bennett's Executors

Citations

• 14 Del. 295

Syllabus

<p>Wills—Capacity of Testator—Evidence—Undue Influence.</p> <p>If the testator knows what he is about, and is capable of exercising thought, judgment and reflection, he has testable capacity.</p> <p>Undue influence is such an influence as prevents the party from freely exercising his own judgment.</p> <p>The law presumes every man to be of sound and disposing mind and memory.</p> <p>The subscribing witnesses being placed around the testator at the time of the execution of his will, for the special purpose, among other things, of ascertaining and judging of his capacity, they are permitted to testify as to the opinion they formed at the time as to his mental condition.</p> <p>The presence of a beneficiary under the will of the testator at its execution is not, of itself, improper, suspicious or objectionable.</p>