Schneider v. Manning

Citations

• 121 Ill. 376
• 12 N.E. 267

Syllabus

<p>1. Testamentary capacity— of the various tests and evidences in respect thereto. The fact that a man may become prejudiced against some of his children without sufficient cause, and may make unjust remarks against them not warranted by the facts, does not show that he has insane delusions, or is devoid of testamentary capacity.</p> <p>2. A person capable of transacting ordinary business, such as buying and, selling property, settling accounts, collecting and paying out money, or borrowing or loaning money, is also capable of making a valid will. If he is capable of acting rationally in the ordinary affairs of life, so that he may comprehend what disposition he may wish to make of his property, and be able to select the objects of his bounty, he is capable of making a will.</p> <p>3. An owner of property who has capacity to attend to ordinary business, has the right to dispose of it by deed or will, as he may choose; and it requires no greater mental capacity to make a valid will than to make a valid deed.</p> <p>4. A testator has a right to leave his property to his children or other relatives in unequal proportions, and such disposition is valid, whether it be reasonable or unreasonable, just or unjust; and the reasonableness or justice or propriety of his will are not questions for the jury to pass upon, except, perhaps, in so far as they may be considered as a circumstance in determining as to the testamentary capacity of the testator.</p> <p>5. On the contest of a will, where there is evidence before the jury that the testator was eccentric and peculiar, there is no error in instructing the jury that eccentricities or peculiarities will not necessarily render a man incapable of making a will.</p> <p>6. Evidence—opinion of witness as to sanity. After witnesses had testified in regard to a testator’s mind, and his capacity for transacting business, from their acquaintance and personal knowledge of him, they were asked, “Had he the mental capacity to dispose of