Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1894-01-24
FOR PROPONENTS.

tOh ilSDIONENIN.
No. l. The time 10 be looked to by the
jury in determining the competency of the
testator to make will is the time when
the will was executed. II, therefore, the
jury believe from the evidence that Mi
chael Reilly was competent TO make will
at the time of the execution of the paper
writing in evidence of June %. 1897; IL
matters not what his mental condition IN sy
have been at any other time or times.
No. =. II is not necessary that a person
should possess the highest qualities of
mind in order to make will, nor that he
should have the same strength OF mind
which he may have formerly had The
mind may be in some degree deblitated.
the memory may De enfeeDled, the under
standing may be weak, the character be
eccentric, and he even want capacity to
transact many Of the ordinary business AZ
fairs OF life. IL is sufficient, too, il he DOS
Sess mind enough TO understand the nature
of the business in which he Is engaged and
to recollect the property he means to dis
pose OF, the objects OF his bounty and the
manner in which he wished TO distri butte
IL among them.
No 3. In an issue Of this character it is
not necessary for the proponents TO prove
the mental capacity of the testator beyond
all reasonable doubt. IL is sufficient if this
may be shown by preponderance Of evil
dence.
No. T. In determining the question of
of the attesting witnesses to the will is en-
titled to peculiar weight.
No. ,. Old age ia not of itself sufficient
evidence OF incapaCity to make IA will.
No. G. 1t requires less capacity TO make
"A will than il does TO make "A deed
No. :. II the Jury believe from the evil
dence that Michael Reilly at the time OF
executing the paper writing in evidence
OF June -, 1891 was of disposing mind and
memory, and acted freely, the validity of
the paper writing cannot be impeached
even Il the jury or others deem it's provis.
ions or any OF them unreasonable. imprud-
ent or unaccountable. Where the testator
has the legal capacity TO make a will he
has the legal right 10 make an unequal,
unjust or unreasonable one.
No. 5. Even ii the jury believe from the
evidence that Michael Reilly in executing
the pa or writing in evidence OF June -.
1891, was influenced by feelings Of resent
ment or dislike towards his children, vet
TINS viii not serve 70 inValidate such in
strument, If they further believe from the
evidence that at the time OF executing the
same he was possessed of the requisite
capacity 10 make will and acted freely
and this is So, although the Jury may
further believe from the evidence that
such feelings were unreasonable or unjust,
or that they originated in a mistaken ap.
prehension of facts.
No .. If the jury believe from the evil
dence that Mchael Reilly at the time OF
executing the paper writing Of June 25
1891, was mentally capable of under
standing the disposition which he was
making OF his property and acted freely,
il is immaterial that he gave one child but
a nominal sum or that ne failed 10 make
equal provisions for his other children,
or that he by such paper writing postponed
the final distribution OF his estate until
the death OF the last survivor Of his living
children and grandchildren IN ne had a
a rUF olrrA I~.I
right 20 as ne pleased with his property.
No. 10. Although the jury should find
that Michael Reilly incorrectly wrote his
name in making the signature 70 the
paper writing ia evidence OF June 25th
1891. yet this is uOtdecisivc evidence Of tho
issue, but is merely a fact or circumstances
20 be considered by tie jury with the other
evidence in the case 10 determining as 70
the mental capacity o. said Michael
Reilly al the time or the execution Of said
paper.
40 n. If the jury believe from the evil
dence that said Michael Reilly at the time
OF the execution o. the will in question pos
sessed enough mind 20 understand the ma
ture OF the business hc was engaged in, 10
recOilect the property he meant 10 dispose
Of. the OBJECTS OF his bounty and the manner
ln which Doe wished % dispose or that prop
erty aud that iu executing that will be
acted freely, then 10 cannot he impeached.
even though the jury find from the evil
dence that he was Influenced in making ~
by perversc opinions and unreasonable
preIudlces concerning bis children or some
OF them
No I2 Undue influence 20 overthrow a
will must be- proved by the contestants IL
will not be igferred
NO. U.s. Undue influence 20 aunull will
must Doe such as 20 overcome the free aren
cy ~ the testator 40 the time tho iustru
ment was made.
No. a. The burden Of proving that tho
PAGER writing of june ~. 1891. purpOrting
20 Doc the will on Michael Reilly was pro
cured by the exercise OF undue influence g.,
upon the contestants Unless. therefore
the jury believe from prepondcrance oil