Rutherford v. Morris

Citations

• 77 Ill. 397

Syllabus

<p>1. Verdict—on bill to contest will. A verdict upon a bill to set aside a will stands upon the same footing as a verdict in an ordinary action at law. The issue in such a case is not a feigned, but a real, one, required by statute, and is not simply advisory to the chancellor.</p> <p>2. Evidence — opinions of experts as to mental capacity. Upon the question whether a disease had reached such a stage, at a given time before it had developed itself, that the subject of it was incapable of making a will or contract, or was irresponsible for his acts, the opinion of his neighbors—men of good, common sense—is of more value than that of medical experts.</p> <p>3. Wills—old age and disease as disqualifying a pa/rty from, making a mill. Old age aud disease are not, of themselves, sufficient to incapacitate a party from making a valid disposition of his property by will, when no undue influence is practiced. Even softening of the brain two years prior to the making of the will, will not invalidate it, if the testator, at the time of making the same, was capable of transacting his ordinary business affairs.</p> <p>4. Same—undue influence. Fraud or undue influence, to avoid a will, must be directly connected with its execution. The fact that the testator was influenced by the devisee, in the ordinary affairs of life, does not show that the latter used undue influence in procuring the execution of a will subsequently made.</p> <p>5. The influence exercised over a testator, to avoid his will, must be of such a-nature as to deprive him of free agency, and render his act obviously more the offspring of the will of others than his own; and it must be specially directed toward the object of procuring a will in favor of particular parties, and must be still operating at the time the will is made.</p> <p>6. Influence and persuasion may be fairly used; and a will procured by honest means, by acts of kindness, attention, and persuasion which delicate minds would shrink from, will not