Buck's Estate
Buck's Estate
Opinion of the Court
Opinion by
The decedent died January 18, 1912, and on January 31, his last will and testament was admitted to probate by the executor Jno. P. Sebring, who, under its terms was the sole legatee. The will had been executed January 10, 1898, and was prepared the previous day at
Mr.. Hughes states, “There was nothing in my dealings with D. Miles.Buck at this time to lead me to even consider that he was not of sound disposing mind, memory and understanding. My acquaintance with him was limited and simply embraced the drawing of the agreement, deed and will. To the best of my recollection I sent the will to him by mail. I think the crosses were made by me to indicate the place for signatures.” H. C. Hoover, a subscribing witness, testified, that, “I witnessed the will, at the request of the testator at his own home, and that I considered his mental condition as good as his (the witness) own. I had known him well for four years. Worked for and talked with him. His mental condition was the same as it had always been.” Miss H. M. Gates, the other subscribing witness, testified that she had lived in the same house, with the decedent as a member of the family, for a period of eighteen years, and “I was in the kitchen, and he came and wanted me to come in and sign his will; see that he signed it, and to sign it myself, and I did. I thought he was all right. I couldn’t see anything wrong with him. I regarded him as rational. He just seemed as natural to talk to me as to anyone else. I never knew him to sign any paper without reading it. I witnessed other papers for him.”
For the reasons given by the learned trial judge under the authorities cited by him, the issue for a devisa vit vel non was properly refused, and the decree entered by him is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.