Wisner v. Chandler

Citations

• 95 Kan. 36
• 147 P. 849
• 1915 Kan. LEXIS 168

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Will — Contest—Testamentary Capacity at Time of Making Will to be Considered. The time when a contested will was made is the time of primary importance to be considered in estimating testamentary capacity. Evidence of capacity and of want of capacity before and after that time merely aids the investigation.</p> <p>2. Same — Manifestations of Symptoms of Senile Dementia Not Conclusive of Incapacity. Evidence that a testator clearly manifested the symptoms of senile dementia before a will was made and that afterwards the mental reduction continued until the extreme degree of dementia was reached at the time of his death, which occurred approximately nineteen months later, is not conclusive of incapacity to make the will.</p> <p>3. Same — Provisions of the Will May be Considered in Determining Mental Capacity of Testator. It is proper to consider the provisions of a contested will as bearing upon the mental capacity or incapacity of the testator, and when it is established that a will was the product of the testator’s unaided and uninfluenced mind, its character may be such that it affords highly satisfying evidence of testamentary capacity, although the testator may have been afflicted with senile dementia.</p> <p>4. Same — Findings of Fact Establish Testamentary Capacity of Testator. Findings of fact considered and held to establish the testamentary capacity of a man who made his will in October, 1911, who died in May, 1913, at the age of eighty-eight years, and who at the time of his death had lost his -mind through senile dementia.</p>