In re Estate of Blanc

Citations

• 3 Coffey 71

Syllabus

<p>Wills—Testamentary Capacity.—A person is of sound and disposing mind who is in the full possession of his mental faculties, free from delusion, and capable of rationally thinking, acting and determining for himself. Weakness of mind is not the opposite of soundness, but is the opposite of strength of mind, and unsoundness is the opposite of soundness. A weak mind may be a sound mind and a strong mind may be unsound.</p> <p>Wills.—Undue Influence Consists in the Use, by one in whom a confidence is reposed by another, who holds a real or apparent authority over him, of such confidence or authority for the purpose of obtaining an unfair advantage over him, or in taking an unfair advantage of another’s weakness of mind, or in taking a grossly oppressive or unfair advantage of another’s necessities or distress.</p> <p>Wills.—Lawful or Unlawful Influence, in procuring the execution of a will, discussed and distinguished.</p> <p>Wills—Undue Influence, What Constitutes.—The influence exerted over a testator to avoid his will must be of such a nature as to deprive him of free agency, and render his act obviously more the offspring of the will of others than his own; and it must be specially directed toward the object of procuring a will in favor of particular parties and must be still operating at the timé the will is made.</p> <p>Wills—Undue Influence, What Constitutes.—Influence and persuasion may be fairly used on a testator; and a will procured by honest means, by acts of kindness, attention and persuasion which delicate minds would shrink from, will not be set aside on that ground alone. The influence to vitiate a will must not be the influence of affection or attachment.</p> <p>Wills—Undue Influence, What Constitutes.—In order to avoid a will on the ground of undue influence, it must be shown that the influence exercised amounted to a moral coercion, which restrained independent action and destroyed free agency, or which, by importunity that could not be resisted, c