The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-03-21
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
disease of the brain and a disease of
the mind. Briefly stated, the facts are
these:
James E. Brady, a bachelor, while an
inmate Of the sanitarium at Hudson,
Wis, executed will last April, where
by he disposed of his estate. amount
ing to some SIG 900, as follows: The
sum of $4,000 he bequeathed to his
business partner, William H. Kent,
with whom he was associated in the
tea ana coffee business at Robert and
Elghth streets. Three brothers, Thorn
as H., John w. and Albert T. Brady,
and 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-
bate of the will, on two grounds: first
that the testator was of unsound mind
ana Hacked 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:
A. mat SAD instrument in writing offered for
Che Iast VIII and testament of said deceased
was duly executed as his last will and testa-
ment Dy said testator according to law: that
SAD testator, at the time of so executing the
same was Of sound mind and lawful age
hat oil
lions contained in the petition of the said Oh
1ectorS are not true
AS conclusions of law the court finds that
SAID objections must be overruled and said
VIII ADMITTED to prbate, and therefore il is
ordered, adjudged and decreed that said in
strument be established and allowed as the
deceased.
In the memorandum accompanying
the decision Judge Willrich points out
the difficulty of determining lust what
constitutes mental incapacity to make
a Will, and just what degree of undue
lhnuence 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-
esting and peculiar facts, for the pur-
pose of showing the conditions upon
winch the Judgment of the court is
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.
ZS, 1896. According to the testimony of
Mr.. B1ady's attendant physiciant he
was sufficiently recovered to leave the
institution in May, 1896. The testimo-
ny showed that at the time of the maxi
ing Of his will in April, 1896. Brady was
suffering from a disease Of the brain
and not of the mind, and was sufficient
~ clear in his mind to recognize his
condition and to understand fully the
nature and effect Of his actions The
testimony of a well-known local phys1-
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
Mr.. Brady had a great attachment for
Mr.. Kent and always spoke highly CT
him in conversation with the doctor.
The testimony of DR.. Buckmas ter. 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 81 600. Kent
furnishing 5000 and Brady $1,1OO, and
that at the time of Bradys death. his
half interest amounted to a little over
$16,0 600.
In conclusion, Judge Willrich calls at
tention to the fact that Mr. Brady die
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-
| pOSelV