Hanson v. Rhodes

Citations

• 87 Wash. 113
• 151 P. 264

Syllabus

<p>Wills — Testamentary Capacity — Presumptions — Burden of Proof. Testamentary capacity is presumed where a will, rational on its face, is shown to have been executed in legal form by the testimony of the subscribing witnesses; and the burden of overcoming the presumption by competent proof is upon the contestant.</p> <p>Same—Evidence of Sanity—Belief. A belief in spiritualism is not necessarily evidence of want of testamentary capacity.</p> <p>Same—Sanity—Undue Influence—Evidence—Sufficiency. Evidence that the testatrix believed in spiritualism and that she had consulted the spirit of her husband in making her will is insufficient to show that she was acting under the influence of an insane delusion, where there was no evidence that the terms of the will or the subjects of her bounty were traceable to the belief, or that it had influenced her to make a will which otherwise she would not have made.</p>