Garrison v. Blanton

Citations

• 48 Tex. 299

Syllabus

<p>1. Will.—To set aside a will for want of mental capacity to make it, the incapacity of the testator to give intelligent consent to an act that will bind him in the disposition of his property, must be shown. It is not necessary, to avoid the will, that the testator’s mind should have been under the influence of insanity—as the term is described by law writers—in any of its grades. It is sufficient to avoid the will, if there is a want of will on the part of the testator accompanying the act, or a want of capacity to understand what he is doing with his property in making the will. To make a valid will, the strength of the testator’s mind must be equal to the purpose to which it is applied.</p> <p>2. Witness—Evidence.—It is competent for a witness to give his opinion as to one’s mental capacity to make a will, based upon the appearance of the party, and to detail concurring facts which entered into the formation of that opinion; and it is not material whether the witness details the describable facts on which his opinion is based, before or after he has given his opinion.</p> <p>3. Witness—Evidence.—There is no rule of evidence which will prevent a witness to a will from being examined as a witness to prove the want of mental capacity of the testator at the time of signing his will.</p> <p>4. Evidence.—Evidence elicited by a leading question, improperly asked a witness, can furnish no ground for reversal, when it pertains to a special issue found in favor of appellant.</p>