Kaufman v. Caughman

Citations

• 49 S.C. 159
• 27 S.E. 16
• 1897 S.C. LEXIS 146

Syllabus

<p>1. WIRE — -Evidence.—-In a contest of will or no will before a jury, it is not error to admit in evidence the paper, where one witness swears the witnesses signed before testator.</p> <p>2. Ibid. — Ibid. — Testamentary Capacity — Presumption.—Upon proof of the formal execution of a will, including the legal attestation and subscription by the witnesses, presumption of testamentary capacity arises.</p> <p>3. Ibid. — Witness—Execution oe Wide. — Where three persons, at the request of testator, witness the signature of the testator and that of each witness to the will, it does not matter which signs first, the witnesses or the testator, provided the whole is one and the same transaction. Chase v. Kittridge, 11 Allen, 57, distinguished from this.</p> <p>4. Ibid. — Evidence—Decearations—Undue Ineeuence. — External acts of undue influence on a testator’s mind cannot be shown by declarations of testator after execution of will; but where there has been proof of acts tending to undue influence, it is competent to show by such declarations the effect such acts had on testator’s mind.</p> <p>5. Ibid. — Witness—Sanity oe Testator — Opinion.—A subscribing witness to a will may give his opinion as to the sanity of the testator at the time of the execution of the will.</p> <p>6. Ibid. — Evidence—Decearations—Undue Ineeuence — Fraud— RebüTTae. — To rebut the idea of fraud or undue influence, and to show that the will is the deliberate mind of the testator, previous declarations of testator, consistent with the scheme of the will, are admissible.</p> <p>7. Testimony De Bene Esse — Rev. Stat., 2847. — The requirements of Rev. Stat., 2347, as to testimony de bene esse, were substantially complied with in this instance.</p> <p>8. Wiee — Decearations.—Previous declarations of a testator in conformity with the provisions of the will are admissible.</p> <p>9. Requests to Charge — Supreme Court. — Memoranda written by Circuit Judge on margin of requests to charge as his reasons for ref