Jasinto v. Hamblen

Citations

• 79 Wash. 590

Syllabus

<p>Wills — Contest—Testamentary Capacity — Undue Influence— Evidence — Suepiciency. The evidence in a will contest sufficiently shows mental capacity, and no undue influence on the part of the testator’s wife, to whom the hulk of the estate was left, to the practical exclusion of the testator’s brothers and sisters, where it appears that the testator, who was married late in life and .had an apparently good reason for excluding his aged brothers and sisters, made the will in question in 1911, on the solicitation of his wife, there being some evidence that he was addicted to the use of intoxicants, it appearing however that he was mentally capable of transacting any important business, that the making of a will was first suggested by his attorney and confidential adviser, who drafted it from his dictation alone, and was under careful consideration- by him for nearly a year when his 'mind was as clear as it had ever been; it being the privilege of a wife to solicit the making of a will.</p> <p>Wills — Contests—Costs. Under Rem. & Bal. Code, § 1313, providing that the fees and expenses in will contests shall be paid by the losing party, and that, if the probate be revoked, the party resisting such revocation shall pay the costs out of the property of the deceased, costs and attorney’s fees cannot be allowed to the contestants out of the estate, in an unsuccessful contest of a will.</p>