Whithlaw's Ex'or v. Sims

Citations

• 90 Va. 588
• 19 S.E. 113
• 1894 Va. LEXIS 28

Syllabus

<p>1. Wills — Undue influence. — The fact that the will of a person 88 years old differs from her previously expressed intention, and is made in favor of those standing in a relation of confidence and dependence toward her, raises a presumption of fraud and undue influence, which must be overcome by satisfactory testimony in order that the will may stand. Hartman v. Strickler, 82 Va., 238.</p> <p>2. Idem — Incapacity—Duress.—Opinions of witnesses long acquainted with testatrix, as to her mental incapacity and incompetency on account of bodily infirmity and duress, held, admissible as evidence in a suit to set aside the will, though they be not subscribing witnesses. Young v. Burner, 27 Gratt., 103.</p>