Miller v. Rutledge

Citations

• 82 Va. 863
• 1 S.E. 202
• 1887 Va. LEXIS 156

Syllabus

<p>1. Insanity—Legal presumption—Burden of proof.—The legal presumption is that all men are sane. The burden of proof is on the alleger of insanity.</p> <p>2. Legal Capacity—Definition—Volition.—Legal competency to act is the possession of mental capacity sufficient to transact one’s business with intelligence, and understanding of what he is doing. Mere weakness of understanding is no objection to a man’s disposing of his own property; The test of legal capacity .is said to be that the party is capable of recollecting the property he is about to dispose of, the manner of distributing it, and the objects of his bounty; the particular act being attended with the consent of his will and understanding.</p> <p>3. Idem— raud—Undue influence—Case at bar.—Here the evidence shows that B., a person whose two contracts it was the object of the suit to annul, on the ground of mental incapacity and undue influence, was illiterate and of weak intellect, delicate physical condition, and indolent habits ; but it utterly fails to show that he was of unsound mind and incapable of managing his own affairs ; or that there was any unfair dealing or other thing for which those contracts should be invalidated.</p>