Hartman v. Strickler

Citations

• 82 Va. 225
• 1886 Va. LEXIS 25

Syllabus

<p>1. Appellate Court—Devisavit vel non—New trial.—On motion for new trial of issue, devisavit vel non, where the certificate is of the evidence, and not of the facts, the verdict must stand unless, after rejecting all the exceptor’s parol evidence, and giving full force and credit to the adverse party’s, the decision of the court below shall appear to be wrong. Lambert v. Cooper, 29 Gratt. 61.</p> <p>2. Wills—“Undue influence.”—What is “undue influence” depends on the facts of each ease; such as, the dispositions made by testator of his property, and his situation, and mental and physical condition when he makes the will. Where influence induced testator to make grossly unequal dispositions of his property, or disregard the ties of blood, without sufficient cause, it may be treated as undue. But where the will accords with testator’s affections and previous declarations, and is such as might have been justly expected, that is persuasive evidence of testamentary capacity and freedom.</p> <p>3. Idem—Case at bar.—When the will of an old man differs from his previously expressed intentions, and is made in favor of those who stand in relations of confidence or dependence towards him, it raises a violent presumption of fraud and undue influence which, should be overcome by satisfactory evidence.</p> <p>4. Idem—Idem—Mental unsoundness.—To apply “undue influence” it is not essential to show mental unsoundness in the testator; nor that undue influence was exerted at the very time the will was executed.</p>