Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1891-04-16
TIE WTDUW WINS.
Judge Rising's Decision in the
Stevenson VIII Case.

State Of Nevada, Ormsby county.
In the matter of the estate of c.
G. Stevenson deceased.
On October %, 1885, @. @. Stew
enson made his last will and tes-
lament, bequeathing to each Of
his sons Edward and Lou, $1,000,
to each of their children $500, and
the residue of his estate, of con
siderable value, to his wife.
Gov. Stevenson died in Sep
TENDER, 1890. His widow. being
nominated executrix, has petition
ed to have his will admitted to
probate, The sons have filed OBJ
jections, assailing the validity of
the will, assigning two reasons
only one of which will be consid-
cred, the Other having been dis
posed OF adversely to the contest
ants
It is claimed that the execution
OF the will was obtained by over
importantly on the part of the
wife. There is no pretense but
that the testator, at the time of
making the will, was in the poses
sion Of all his faculties, of sound
and clear mind, in vigorous man
hood, with full capacity to dis
tinguish and decide for himself
and constantly engaging in impor-
tant and extensive business enter
prises; and it was shown
that in character he was a man Of
and deliberate opin-
ions and purpose.
It is very difficult to define the
extent of over-persuasion or undue
influence which must be exerted
to invalidate a will, but it must
be in such a degree as to take
away from the testator his free
agency, and to overcome his nat
lral desire and preference, and
such as 70 render the testament
5arY act no longer that Of d capa
Die testator. The constraint which
will avoid a will, must operate
upon tue testator, in producing the
very act OF making the WILT
must be the result Of such i'm
proper control as to prevent the
tree exercise of discretion and pre-
terence.
II a wife by her virtues has
gained such al ascendancy over
her husband so riveted her affect
ons, that her good pleasure is a
.aw to him, such an influence can
never be Z reason for impeaching
! will made in her favor, even to
5he exclusion of the residue ofthe
'amily. Nor could it be safe to
set aside a will on the ground Of
influence, importantly or undue
taken Of the testator
by his wife, though it should be
proved she possessed a powerful
influence over his mind and con
luct, in the general cocerns of life
lnless there should be proof that
such influence was especially ex-
.rted to procure a will Of such a
Kind as to be peculiarly accepta
de to her, and the prejudice and
disappointment of others.
A day or two before making this
will, Governor Stevenson, while in
San Francisco. had his trusted
egal adviser, Mr.. J. NJ. HaS en-,
prepare the same. and on the 28th
Il October, 1885 at the office Of
lis attorney, the will was duly exc
.uted in the presence Of Mr.. Wales
J. Palmer, the confidential bust
less agent Of the Governor and
lis attorney, who became the sub
witnesses. There is is no
testimony to show or indicate but
hat, at the time, the will was exc
uted with perfect freedom and
purpose. There is some
violence to show that Mrs. Stew
.nson made her viii the same day.
80 for as the decision Of this case
5 concerned, it is immaterial |
whether she did so or not. The |