Lindsay's Estate
Lindsay's Estate
Opinion of the Court
Opinion by
Joseph Lindsay died December 24, 1909, when upwards of 79 years of age, leaving a will dated March 18, 1909, under which he gave his estate to á niece, Alice Sproul, with whom he had made his home. for many years prior to his. death. The testator, who was un-.
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- Wills — Issue devisavit vet non — Undue influence — Testamentary capacity — Evidence. 1. Where it is shown that at the time of the execution of his will the testator had a knowledge of the property he possessed, an understanding of the disposition he wished to make of it, and of the' persons and objects he desired to share in his bounty, together with an intelligent consciousness of the nature and effect of the act he was engaged in, testamentary capacity is sufficiently established. 2. Testator, who was seventy-nine years of age, died unmarried and without issue, leaving a will made nine months before his death by which he gave all his property to a niece with whom he had made his home for many years. He left as his heirs-at-law other nieces and also nephews, grandnieces and grandnephews. Four of the nieces and nephews contested the validity of the will, alleging undue influence and lack of testamentary capacity. The evidence showed little more than descriptions of the testator’s actions, or lack of action, the few times the witnesses saw him in his later years, and comments upon his appearance, his failure to recognize some of his relatives and his inclination not to talk when they visited him, together with indéfinite • reference to a “stroke”, they -supposed he had suffered years before his death, but no specific instances sufficient to indicate a lack of the real elements that go to make up testamentary capacity. Held, not sufficient to overcome the- testimony of the attesting witnesses that the testator possessed all the mental equipment which the law calls for under the circumstances, and that he fully understood what he was doing when he disposed of his property, especially as it was natural that he should leave his comparatively small estate to the niece with whom he had lived for many years and who had constantly ministered to his comfort.