The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-03-21
JUDGE WILLRICH'S CONCLUSION IN
THE BRADY WILL CASE CON-
TEST.
DOCUMENT HELD TO BE GOOD.
FACT THAT HE LEFT REQUESTS
TO SOME OF HIS
FAMILY
Court Holds There Can BE No Undue
influence When There's Total
Mental Incapacity.

Judge Willrich filed his decision yes
terday in the Brady will contest The
case is interesting, inasmuch as the
question of the testator's mental ca
pacity to make a will was a close one,
turning upon the distinction between
a disease of the brain and disease of
the mind. Briefly stated, the facts are
| these:
James E. Brady, bachelor, while an
inmate Of the sanitarium at Hudson,
Wis, executed a will last April, where
by he disposed of his estate, amount
ing to some SIG 00O as follows: The
sum of $4,000 he bequeathed to his
business partner William H. Kent
with whom he was associated in the
tea and coffee business at Robert and
Eighth streets. Three brothers. Thorn
as H., John w. and Albert T. Brady,
ana three sisters, Mary F., Emily e.
ana Susie SaddingtOn, survived the tes-
tator TO two Of his brothers and one
SISTER, the testator left 81, 900 each. The
other three were omitted from the will.
All SIX, however, objected to the pro-
pate OF the will, on two grounds; first,
lhat the testator was of unsound mind
ana lacked the mental capacity to make
Will, and second that the testator
was subjected to undue influence
Judge Willrich's findings of fact are
as follows:
That said instrument in writing offered for
the last will and testament of said deceased
was duly executed as his last will and testa-
hent by SAID testator according to law; that
salu teStator, at the time Of so executing the
same was OF sound mind and lawful age
ana under no restraint, and that the allega-
tlons contained in the petition Of the said oh
1ectors are not true
AS conclusions of law the court finds tba+
SAID objections must be overruled and said
Will admitted to prbate, and therefore it is
ordered, adJudged and decreed that said in
strument be established and allowed as the
last will and testament of James d. Brady
deceased. ''
In the memorandum ACCOMMODATING,
the decision Judge Willrich points our
the difficulty of determining lust what
constitutes mental incapacity to make
will, and just what degree of undue
influence will invalidate a will. one
rule, however, in the opinion of the
court, seems rational and that is there
can be no undue influence where there
IS total mental incapacity.
Inc court then reviews the evidence
in the case which revealed some inter-
eSung and peculiar facts, for the pur-
pose of showing the conditions upou
predicated
James E. Bradley executed the pro-
posed will April q, 1896 He was then
at the sanitarium in Hudson, Wis. as
a patient, where he had been since Feb
20, 1896. According to the testimony of
MI. B1ady's attendant physician he
was sufficiently recovered to leave the
institution in May, 1896. The testimo-
ny showed that at the time Of the maxi
in 4,
suffering from a disease of the brain
and not Of the mind, and was sufficient
ly clear In his mind to recognize his
condition and to understand fully the
nature and effect of his actions The
testimony of well-knOwn local physI-
clan who attended Mr. Brady was to
the effect that while Mr.. Brady was
somewhat eccentric, he was successful
in his business, which had been start
ed by himself and Mr.. Kent. and that
MI. Brady had great attachment for
Mr.. Kent and always spoke highly Of
him in conversation with the doctor
The testimony of Dr. Buckmaster. the
attending physician at the sanitarium.
was to the effect that Brady prior to
making his will had, in conversation
| with the witness, indicated his desire
to leave the bulk of his property to his
partner, Mr.. Kent.
Mr.. Kent testified that he and Mr..
Brady had been partners in business
for about ten years; that they had
! started business with about 81 900. Kent
furnishing 5000 and Brady $1,10O and
that at the time of Bradys death. his
half interest amounted to a little over
$4,000.
In conclusion, Judge WiIlrich calls at
tention to the fact that Mr.. Brady did
not entirely forget his nearest relatives
/ in his will, but provided for some OF
them, which furnished convincing proof
that he left out his other relatives pur-
! pOsely.