Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1899-04-01

Ae7 SoHtohlS anu Was Ca JuOio vi oCiuS q
testatrix. Otherwise the verdict must
be against the will.
2. The will cannot be sustained unless
the jury believe the testatriX at the time
ofits execution had sufficient mind and
memory 10 be capable OF making q
testamentary disposition of her property
and the relative claims of the different
persons who are, or might be, the OBJ
jects of her bounty.
5. Direct proof is not necessary to
overthrow will, but anySfacts aud cir
cumstances are sufficient as evidence
that satisfy the jury Of the incapacity of
the testatrlx to make testamentary
disposition of her property at the time
Of the execution of the will.
t. The jury if they find from the evil
dence that the will is contrary to natu-
raj justice, shall give this fact such
consideration as they may deem proper
in determining the question of the tes-
tatrix's capacity.
5. In determining the question of the
teetatrix's capacity the jury are at lib
erty to consider whether the claims OF
near relationship have been disregarded.
6 1t Is essential to the making OF a
valid will that the testatrix shall, at the
time of its execution, be Of disposing
mind and memory. Failure OF memo
ny may be considered in determining
the testatrix;s capacity.
T. If the jury shall believe that the
testatriX, in signing her first name,
spelled it one way up TO October, 1879,
and thereafter spelled itin another way,
they may take that circumstance into
consideration in determining the i'm
pairment of memory, and her capacity
TO execute the will.
S 1.-THE jury shall believe that the
testatrix misnamed certain OF her
grandchildren they may take such fact
into consideration, considering the
question of the capacity Of the tesla
triX.
9. 1.-THE jury shall believe that the
testatrix ia the provisions of the Will
undertook to dispose Of articles OF
personal property not lowned by
her, the jury may take that circum-
stance into consideration, and may infer
therefrom the existence Of state OF
mind uufavorable 10 the making OF a
valid will at the time of the execution
OF the said will.
10. 1t is essential to the exercise OF
the power to made will that the per-
son making it be able to comprehend
aud appreciate her relations TO others
who might, or ought to be, the objects
Of her bounty, and that no disorder OF
The mind shall have prevented the ex'
ercse of her natural faculties as 10
render her incapable of such compre-
hension and appreciation.
II. In order To make good Will, the
testatrlx must have been not only capa-
BILE. but free agent. The will must be
the offspring OF the testatrix's own volt
ton, and not the record of the Wlshes
and desires of others. Should the jury
believe from evidence that the will was
the product of undue influence, their
verdict must be against it.
u. Ii pressure constituting undue in
fluence has been brought previously,
and remains so as to unduly influence
the mind of testatrix a. the time of the
execution of the will, the will cannot
be upheld.
-. # the Jury shall believe that the
testatrix. at the time of making her
will, was apprehensive that the mother
of contestants would do her some in
Jury, that such apprehension was an
fa,,1aj o,J ,,oorhid dalucion suph
as to destroy her testamentary capac-
ity, and that the will was the result or
offspring thereof, then the jury shall
find against the will.
II. Ifthe jury shall believe that at the
time of making the will the testatrix
was laboring under prejudice towards
her daughter-in-law, Virginia danger
field, without cause, and that the will
was the direct offspring of such preju-
dice, then the jury must find against
the will, even though the general ca
pacity of the testatri1 to do ordinary
business be unimpeaohed, but the jury
are further instructed that if they be-
iieve the testatrix was not controlled
bv such unfounded deusion, she had
the right to disinherit said Virginia
Daingerfield with or without cause, as
it pleased her.
l6. If the jury shall believe that the
testatrix was physically and mentally
impaired at the tire of the execution
of the will; that she was in constant as
ISOLATION with the legatees to whom
she has mainly given her estate, and
that they had much influence with her;
and if they shall further believe that a
large part of her estate by the terms of
the will goes to stranger to the tesla
trix's blood to the exclusion of her
grandchildren, who are defendants il
this cause, then it is incumbent upon
plaintiffs to satisfy the Jury by pre-
ponderance OF proof that the will was
the free and voluntary act Of the tesla.
trix. And if the jury be not so satisfied,
their verdict must be against the will.
10 If the jury shall believe that inhu.
ance which the testatriX was incapable
of resisting was successfully employed
to induce the testatliX to make an IN
equal disposition of her property, or dis
regard the ties OF blood without suf-
ficient cause, if they shall find against
the will.
q. If the jury shall believe the tesla
trix, in 1883, made will by which she
left her property equally to her two sons;
that the said will remained unrevoked
until after the death of her son Henry
in 1894; that she had become impaired
physically and mentally; that after
the death of her son Henry she con-
ceived an extreme and bitter dis.
like for his widow without cause
on her part that this dislike was fostered by
the plaintiffs or some of them that there was
10 good reason or cause whatever for this dis
Like and IL they shall further believe from