Rathjens v. Merrill

Citations

• 45 Wash. 55
• 87 P. 1070
• 1906 Wash. LEXIS 922

Syllabus

<p>Wills — Capacity — Evidence • — ■ Sufficiency. Where there was ample testimony that the testator was sane at all times and rarely intoxicated, and that he was both sane and sober at the time of the execution of the will, a finding of testamentary capacity will not be disturbed on appeal although there was conflicting testimony to the effect that he was frequently intoxicated and insane at intervals.</p> <p>Same — Capacity and Undue Influence — Evidence—Sufficiency. There is sufficient evidence to support findings of testamentary capacity and want of undue influence in the making of a will, revoking a will made seventeen days before in favor of the testator’s wife, where it appears that the husband and wife were estranged, that divorce suits had been instituted with charges and countercharges, that she refused to respond to his repeated appeals for a reconciliation, that the beneficiaries in the will were miles away for two months immediately preceding the execution of the will, and that just before committing suicide, the testator left a note declaring that he was about to kill himself on account of his wife, and to will his property to his friends.</p> <p>Same — Contest—Costs—-Allowance Out of Estate. The unsuccessful contestant of a will, who claimed the estate under another will, is not entitled to an allowance out of the estate for costs of the contest, either in the lower or appellate court.</p>