Keithley v. Stafford

Citations

• 126 Ill. 507
• 18 N.E. 740

Syllabus

<p>1. Witness—competency—party in smt to contest a will, who is also a devisee. On a bill by an heir to set aside the will of his father, one of the defendants, the widow of a deceased son of the testator, to whom was given a legacy of $500 and an annuity of $180 for life, is a competent witness for the purpose of showing the want of testamentary capacity in the testator, her interest being to support the will.</p> <p>2. Same—practice—time to disclose prior will, as showing an adverse interest. In such case, if there is a prior will containing more favorable provision for the party proposing to testify, so as to make it to her interest to have the will in controversy set aside, that fact should be shown on the question of her competency, and objection should be made on that ground at the trial, otherwise such objection can not be availed of on appeal.</p> <p>3. WmiiS—presumption—as to knowledge of contents. In the-absence of evidence to the contrary, the law will presume that a person who executes a will or other instrument, does so with knowledge of its contents; but this is a presumption which will readily yield to evidence tending to show that such was not the fact.</p> <p>4. Same—testamentary capacity — evidence—opinions of witnesses. Witnesses who have had opportunities for knowing and observing the conversation, conduct and manner of a person whose sanity is in question, may depose not only to particular facts, but to their opinions or belief as to his sanity, formed from actual observation; but whether the party has that quantum of intelligence or mental capacity necessary to enable him to make a legal disposition of his estate, involves a question of law for the court to determine, and not for the witnesses. The witnesses may, however, he asked whether the party, at the time of executing his will, was capable of transacting ordinary business.</p> <p>5. Same—testamentary capacity defined—instructions. On the trial of a contest of a will by bill in chancery, t