Donovan v. Sullivan
Donovan v. Sullivan
Opinion of the Court
This is an appeal by a contestant of two instruments purporting to be wills of Catherine W. Warden, from the denial of motions for jury issues as to due execution and testamentary capacity. Only the latter issue is now pressed.
Catherine W. Warden died April 10, 1935, aged between sixty-eight and seventy-five years, leaving as heirs a brother, two sisters, and the five children of a deceased brother. Two instruments purporting to be wills were filed, one dated October 4, 1929, and the other dated September 15, 1931. In the later instrument one sister was given $1,000, the other $500, and the brother $500 and a selection of household furniture. Many small bequests were made to relatives, friends and charities. The net value of the estate is less than $5,000, a sum not quite sufficient to pay the legacies in the later will, much less those in the earlier will.
The contestants rely upon the facts that the decedent believed that she was in frequent communication with the spirits of her deceased husband and nephew, and shortly before October 1, 1929, signed the name of her deceased husband to a letter which contained a message from him which she believed was being communicated through her. In view of her belief in Spiritualism, these facts do not require the granting of the motion. Taken by themselves, beliefs as to the spiritual and the supernatural that seem strange to people of other views, are hardly evidence of insanity.
Orders denying issues affirmed.
Reference
- Full Case Name
- Joseph E. Donovan v. Gertrude M. Sullivan & others
- Status
- Published