Smith v. St. Sure

Citations

• 120 Wash. 189
• 206 P. 947
• 1922 Wash. LEXIS 877

Syllabus

<p>Wills (13) —Validity—Execution — Attestation — Evidence — Sufficiency. A will is executed by the testator although, on account of weakness, another supported the arm of his hand in which he held the pen.</p> <p>Same (13)—Attestation—Signature of Witness—Request by Testator to Sign. The request that a witness attest and subscribe a will will be inferred where the attorney asked the testator if it was his desire that the witness should sign and testator answered affirmatively.</p> <p>Same (20)—Undue Influence—Evidence—Sufficiency. A finding that a will was not induced by undue influence is sustained where there was no proof of coercion or fraud and no suggestion made by the beneficiary, the will was drawn by an attorney chosen by the testator, while the beneficiary was not present, and it is admitted that the testator had sufficient mental capacity.</p> <p>Same (7)—Testamentary Capacity—Evidence—Sufficiency. A finding on conflicting evidence of mental capacity on the day the will was executed is sustained where witnesses for the contestant may have been mistaken while those for the proponent either testified truthfully or were guilty of perjury, and there was evidence that the testator gave final instructions as to the provisions in the will and was rational at the time in question.</p>