Piche v. Cottor
Piche v. Cottor
Opinion of the Court
No good purpose can he served by rehearsing the details of this controversy. Very much evidence was given of greater or less cogency. There were many considerations of equity to support this conveyance. It was pursuant to contract made in October, 1903, if deceased could contract; and defendant had faithfully performed her contract. Much time was spent in ventilating the relations of the deceased towards the respective members of his family and their conduct towards him. We have read the evidence with great care, and it is somewhat peculiar in this, that in the main the specific facts offered on the different sides of the controversy are largely undisputed by any witness, and substantially the only conflict of evidence, is over the inference to he drawn as to his sanity from such conflicting facts. We think that if certain events occurred on the one side, at least in the manner they are asserted, they show the impossibility of some of the events testified to on the other side. Those accompanying the transaction of the making of this deed are quite sufficient by themselves to show mental capacity to dispose of property. But upon the other side are offered multitudinous events, circumstances, and conduct of the deceased which, if true, justified an inference by the trial court that it was impossible for him to have knowingly done the acts to which the defendant’s witnesses testified. In such situation the questions of credit to be given the several witnesses, either for veracity or for full and intelligent observation and description of that which they saw and attempted to narrate,
By the Court. — Judgment affirmed.
Reference
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