Morgan v. Morrison

Citations

• 44 Wash. 567
• 87 P. 1151
• 1906 Wash. LEXIS 879

Syllabus

<p>Wills- — Testamentary Capacity — Undue Influence — Evidence— Sufficiency. A finding of want of testamentary capacity is warranted by tbe evidence where it appears that tbe decedent was seventy-eigbt years of age, that bis wife died nine days before, causing him great mental anguish, that he languished physically until his death nine days thereafter, the will being made four days before his death, at night, in the house of the sole devisee, who was not related to him, no mention being made of his children- or grandchildren and no disposition made of a small amount of the property excepted from the general devise, and where there was evidence that at the time his mind was wandering, weak and feeble.</p>