The record-union., 1897-07-21
Comfort for the Dead,

Dead people are achieving a great
many victories of late in the Supreme
| Court. A few days ago that tribunal
declared in the Redfeld contested will
case that mere eccentricity in a testa-
tor is not insanity. 1t was plainly held
that a person may be erratic upon all
subjects except the disposition of his
property. Now comes a decision defn-
ing undue influence" in such a manner
as to transfer it from the domain of
indeterminate persuasion to the region
of demonstrated fact.
The case to which reference is made
arose in Los Angeles County. A woman
named Mary Kaufman left her daugh-
ter $5-a beQuest which practically
amounted to disinheritance. A con-
test was instituted and it was proved
that shortly before her death the
mother had stated that she was highly
displeased with the action of her
daughter in marrying against her
wishes, and as she was making her
will at that moment ordered the small
bequest noted to be inserted. Undue
influence was alleged, and in support
of it it was shown that the persons
surrounding the mother at the time she
made her will had used language which
tended TO still further embitter her
against her daughter. A jury decided
that undue influence had been used
and they gave a verdict upsetting the
will. Justice Harrison of the Supreme
Court in reversing this finding lays
down an Interpretation of what that
tribunal considers undue influence:
THE word undue influence which will
void a will must be such as operates
upon the mind of the testator at the
time of making the will. and must
be an influence relating to the will
itself. If a person has testamentary
capacity, his will cannot be voided on
the ground that it is unjust or ca
PRECIOUS. The right of absolute domin-
ion over his property is sacred and in
violable, and whatever may be his mo-
tives, or however great or unfounded
his dislikeS or his resentmentS against
those who might be thought worthy of
his bounty, his will in the disposition
of his property is paramount
The principle upon which this doc
trine reposes is vital to the comfort
and well being of mankind generally
A person who tolls all his life to ac-
quire a competence ought to have the
right to dispose of it as he pleaSes.
To take from him that right throws
him upon the charity of the world
His heirs-at law, knowing that he can
not defeat their inheritances, are
tempted to practice upon him all kinds
of cruelties and meannesses. Strang-
ers are not induced to be kind to him,
for they know that their only reward
will lie in whatever he may choose to
pay them for smoothing his pathway
to the grave.
On the other hand, the expectation of
receiving a bequest causes every one
to treat persons having property to
leave behind them with kindness. and
consideration. The right to make a
will is Just as necessary for a mans
physical comfort in his declining years
as the right to hold his property and
disburse it as he pleases. But of
what use is it to make wills if the
courts continually seek pretexts for re-
volSing them? The decision in the case
referred to is a companion to the de-
cision in the Redfield case. The two
together make strong headway for
property rightS-San Francisco Post