Wood v. Connell
Wood v. Connell
Opinion of the Court
David Wood, late of Le Sueur county, died on June 5, 1919, leaving a last will and testament by which he made disposition of his property and effects at his death. R. left surviving as heirs and next of kin
The principal ^question presented by the assignments of error, is whether the findings of the trial court to the effect that decedent had mental capacity to make the will, and that there was no undue influence exerted by Mrs. O’Leary, are sustained by the evidence. One or two assignments relating to rulings on the admission of evidence present no serious question or ground for a new trial, and we pass them without comment.
The rule guiding our conclusion upon the main question, the sufficiency of the evidence to support the findings of the trial court, is well settled. Unless the evidence is clearly, or as sometimes expressed manifestly, against the findings, this court will not interfere. In the light of the rule we have read the record with care, and find no sufficient reason for disapproving the action of the trial court and therefore sustain the findings. An extended discussion of the evidence would serve no useful purpose.
Decedent had resided in Le Sueur county in the neighborhood where he died for a good many years. R. was not above the intelligence of mankind in general, but rather below what is generally found in the common run of men. R. had experienced some differences or disagreements with his brothers, but seems to have had full confidence in his sister, Mrs. O’Leary, and there existed between them the regard for
Some 12 or 15 witnesses, neighbors who had known decedent for many years* testified to his average mental capacity; that he was qualified and competent to care for his property and effects. The sole witnesses to the contrary were his two brothers and'their wives. The trial judge was confronted with each and all of them and was in favorable position to judge the credibility and weight to be given their testimony. Therefrom he found decedent competent to make the will, and further that no undue influence was exerted to bring the execution thereof about. And, as heretofore remarked, we find from the evidence, taken as a whole, no sufficient reason for interference. Walso v. Latterner, 143 Minn. 364, 173 N. W. 711; Woodville v. Morrill, 130 Minn. 92, 153 N. W. 131; In re Hess’ Will, 48 Minn. 504, 51 N. W. 614, 31 Am. St. 665;
Order affirmed.
Reference
- Full Case Name
- IN RE ESTATE OF DAVID WOOD, H. S. WOOD AND ANOTHER v. DAVID CONNELL, OF THE ESTATE OF DAVID WOOD
- Status
- Published