Montague v. Allan's Ex'or

Citations

• 78 Va. 592
• 1884 Va. LEXIS 33

Syllabus

<p>1. Wills-Devisavit vel non-Exceptions.-Upon the trial of an issue devisavit vel non, the mode of proceeding is substantially the same as upon the trial of common law actions. Where parties submit to the rulings of the court without exception, they cannot be heard here, and now to insist on the error, if any, as ground of reversal. Lambert v. Cooper's Ex’or, 29 Graft. 66.</p> <p>2. Testamentary Capacity-Old age-Memory.-If failure .of memory be merely such as is incident to old age, it does not affect testamentary capacity.</p> <p>3. Idem-Physicians.-Physicians are considered as occupying high grade as witnesses as to testamentary capacity, especially a physician who has attended the patient through the’disease which is supposed to have disabled his mind. Cheatham v. Hatcher, 30 Graft. 65.</p> <p>4. New Trials.-When some evidence has been given which tends to prove the fact in issue, or the evidence consists of circumstances, or presumptions, a new trial will not be granted merely because the court if upon the jury would have given a different verdict. Grayson's Case, 6 Graft. 712.</p> <p>3. Wills-Knowledge of contents.-The jury must be satisfied that the testator knew the contents of the will at the time of executing it; but they may be so satisfied, and such knowledge may be proved by circumstantial evidence, direct evidence not being indispensable.</p> <p>6. Idem-Confidential relations.-A will is not invalidated by the mere fact that' it was written by the attorney, agent, physician, priest or other confidential. adviser of the testator, who is himself a beneficiary; though such relations may engender a suspicion and arouse the vigilance of the court and jury, and if unexplained or repelled, might annul the transaction.</p>