In re Estate of Dolbeer

Citations

• 3 Coffey 232

Syllabus

<p>Testamentary Capacity.—The Test of Capacity to Make a Will is this: The testatrix must have strength and clearness of mind and memory sufficient to know in general, without prompting, the nature and extent of the property of which she is about to dispose, the nature of the act which she is about to perform, the names and identity of the persons who are the proper objects of her bounty, and her relation toward them.</p> <p>Testamentary Capacity.—In Order to have a Sound and Disposing Mind the testatrix must be able to understand the nature of the act she is performing, she must be able to recall those who are the natural objects of her bounty, she must be able to remember the character and extent of her property, she must be able to understand the manner in which she wishes to distribute it, and she must understand the persons to whom she wishes to distribute it. It is not sufficient that she have a mind sufficient to comprehend one of these elements; her mind must be sufficiently clear and strong to perceive the relation of the various elements to one another, and she must have at least a general comprehension of the whole.</p> <p>Will.—The Right to Leave Property by Will is a right given by the law alone; that is, a person has no natural right to leave his property in any particular way.</p> <p>Wills—Injustice or Unreasonableness of Disposition.—The competency of the testatrix being shown, the wisdom or folly, justness or unjustness of the will, can play no part in the question of its validity; but the character of the provisions of the will, as being just or unjust, reasonable or unreasonable, may be considered by the jury as tending to throw light on the capacity of the testatrix.</p> <p>Testamentary Capacity—Terms of Will and Condition of Estate.— In determining the soundness of mind of a testatrix, the jury should take into consideration the provisions of the will itself, and also the condition and nature of the estate disposed of.</p> <p>Testamentary Capaci