The republic., 1851-10-30

the Judgment intelligent and clear. This tsstat9r
was upwards. of eighty three years old when he
died and, consequently received his early i'm,
pressions when the belief in witches and wichcraft
still fingered among persons of a much higher so
cial position, and Of much better education than
himself Colonial America either inherited from
the mother country. or received from the eInigra-
tion of continental Europe, this absurd notion.
The extravaganza, in this respect, of sister col
onies of New England, though noted then, as now.
for superior intelligence, relatively speaking, fills
dark and bloody page IN tne annals us OF human
escape the general conagion aA TO make II very
surprising that man in the condition of life occu-
pied by the tesiator, born before the American Re
volution, should have participated in II.
II is said that undue influences were exercised
over this testator TO induce him TO make this will;
and that will so produced Is invalid The phrase
''undus influence" though technical one, wants
precision. We can, perhaps, better define 1t by
saying what IL is not than what II ls. kindnessS
attention, care, and devotion, manifested TO a tes-
tator, not the exercise OF undue influences over
him such as would inyalidate his will. Nor will
fair solicitations by party IN whose favor 1t Is
made impeach il. The undue influences contep-
plated by the law adequate TO invalidate will
may be said to consist in the employment OF force
or fraud against testator, and by the means
thereof depriving him of his power OF free agency.
Under the head of undue influences may be placed
that class of cases in which testator has been
induced TO exclude from his bounty individuals
who would otherwise have been the subject of il in
consequence of false and fraudulent representa-
tions made to him, with the object OF producing
that result, and actually producing it, AS if a
father is shown clearly to have disinherited his
child, by reason of false representations, imposed
him true, of it's unworthiness OF conduct and
character-a will made under such undue iniu-
ences would be null. a.
Although will, fully established by competent
proofs, is not to be repudiated, simply because
may doubt to the wisdom expediency of its
bequests, yet its bequests may be invoked as
iiecing light on the question of testamentary ca
pacity. II such bequess are rational, probable.
and consistent, such the testator in state OF
undoubted mental soundness would probably have
made, they may be considered in connexion with
other proofs brought to establish mental capacity.
reverse state of things will have its influence TO
ifnpeach that capacity in connexion with other and
direct proofs tending to the same result.
Although incidentally other grounds for inn
peaching this will have been brought in view, yet
the brief question for your decision is the tesiamen
tory capacity Of the tcsator not before, not AFTER
but at the actual time of it's execution. What
sttutes this testamenary capacity has been defined
TO you by the court, as have all the other prnci-
plies supposed to be involved in the decision of the
1t is for you TO decide the facts of the case
and apply TO them the principles expounded for
your government.
The judge then summed up the facts very fully,
showed their application to the principles expound-
ed by him, and finally left the cause to the jury