In re Estate of Godsil

Citations

• 4 Coffey 514

Syllabus

<p>Testamentary Capacity—Declarations of Testator.—The conduct and declarations of a testator, both before and after the execution of his will, are competent to show his capacity or incapacity at the time of making the will. The weight of the declarations depends upon the proximity in point of time to the act, and those made before are more significant than those made after.</p> <p>Construction of Will—Declarations of Testator.—The declarations of a testator are not admissible to aid in construing his will, unless made in close proximity to the time of making the will, and then only in eases of ambiguity.</p>