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· 12/19/1918

Weber v. Geissler

Citations

  • 104 Wash. 452

Syllabus

<p>Appeal (149) —Preservation of Grounds — Exceptions — Form and Sufficiency. Exceptions to findings, orally announced at the time the findings were made, are not inconsistent with orderly practice, and may be sufficient to warrant a review on appeal, notwithstanding that a showing of failure to specify the particular findings excepted to is supported by the court’s failure' to note the exceptions at the time.</p> <p>Wills (7) — Testamentary Capacity — Evidence — Sufficiency. The evidence sustains findings of mental competency and lack of duress or undue influence in the making of a will, where, sick unto death, and at times delirious and under the influence of drugs, the testatrix made a will in favor of her husband, named all her children, giving each $50, and the evidence of those in attendance was to the effect that her mind was clear and that she had a perfect understanding of her property; since wills are favored in the law and the testimony to overthrow them must be cogent and convincing.</p>

Judges: Chadwick, Holcomb, MacKintosh, Mitchell, Mount

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