Appellate Court of Illinois, 1917

Smith v. Smith

Appellate Court of Illinois · Decided April 19, 1917 · Niehaus

205 Ill. App. 116; 1917 Ill. App. LEXIS 1046

Opinion of the Court

Mr. Presiding Justice Niehaus

delivered the opinion of the court.

8. Wills, § 19*—when evidence insufficient to show mental incapacity to make ‘Will. In a will contest where expert witnesses testified that the testator had senile dementia on a certain date and that he was so afflicted four months previous, when the will was made, but did not testify that such senile dementia which the testator may have had during the month the will was made was of such a character as to affect his testamentary capacity, evidence held insufficient to show mental incapacity to make a will.

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