Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1895-05-13
Rescript.

The following rescript has been received
| by Clerk of Courts Choate III a Knox
county case.
Frances A. Hall, appellant, vs. Arthur
G. Perry, executor. Rescript by White
house,J.
A lady IS years of age made will Civ.
| ing her homestead to her adopted son.
| The will is contested by her daughter and
only child.
person Of 'sound and disposing mind;''
that she had mental capacity sufficient to
enable her to understand the business in
which she was engaged, "disposing
mind" involves the exercise of SO much
mind and memory us would enable a
person to transact common and simple
kinds of business with that intelligence
which belongs to the weakest class of
sound minds. 1t exists when the testator
can recall the general nature, conditions
and extent of his property, and his rela-
tions to those to whom he gives as well a
to those from whom he withhOlds his
bounty There must he active memory
enough to bring to mind the nature and
particulars of the business to be transacted,
and mental power enough to appreciate
them and form some rational Judgment
in relation to them.
But mere intellectual feebleness must
be distinguished from unsoundness of
mind A person may be incapacitated by
age and failing memory from engaging in
complex and intricate business, and yet be
able to give simple directions for the dis
position of property by will. Great age
may raise doubt of capacity so far as to
excite the vigilance of the court, but it
not only does not constitute testamentary
disqualification, but rather calls for the
protection and aid of the court to further
it's wishes The control which the law
still gives to man over the disposal of
his property is ore of the most efficient
means which he has in protracted life t.
command the attention due his infirmi-
ties.
After q careful examination of all the
evidence, it is the opinion of the court
that the mental capacity of the testatrix
was not devoid of any element requisite
to make a valid will. The internal evil
dence afforded by tho will itself is not only
no impeachment of her testamentary
capacity, but rather confirmation of it.
she gives the homestead to her adopted
SON. appears to have been in conformity
with a desire which she had long cherished
and a purpose which she had declared long
before the execution of the will.
She may have been childish, change
able, impatient and sometimes inconsidcr-
ate; her Judgment in relation to the
value of property may not have been the
most reliable, and her mind may not have
been vigorous enough to grasp all the fea
lures of complicated transaction; but
all this may be said of multitudes of
elderly people whose competency to man
age simple and ordinary kinds of business
is never questioned by their acquaintance.
1t was proper for the family physician
to express an opinion upon the actual
condition of his patients mind, but not
competent for him to give an opinion up
on the direct question of her capacity to
make will An expert should not be
| REQUIRED thus to invade the province OF
the court and jury. Capacity to make a
will, or what in any case shall be the
standard of legal capacity, is a question
of law.
Decree of probate court affirmed. Will
allowed.