Smith v. Smith

<p>Abstract of the Decision.</p> <p>1. Wills, § 49*—when evidence is sufficient to show testamentary capacity. Finding as to the capacity of the testator in executing the will in question, held not against the manifest weight of the evidence, notwithstanding the evidence consisted mostly of opinions of the witnesses formed from conversations had with the testator at different times and not very much, if any, with reference to business transactions.</p> <p>2. Wills, § 114*-—what is not conclusive evidence of undue influence. The fact of inequality of distribution by a testator in his will of his estate is not of itself conclusive evidence of undue influence, but may be considered as a circumstance tending to establish undue influence in connection with the other facts and circumstances proven.</p> <p>3. Wills, § 196*—when undue influence is question for jury. Whether or not a testator was unduly influenced in the making of his will, held, under the circumstances proven, a question solely for the jury.</p> <p>4. Wills, § 114*—when evidence sufficient to show undue influence. Evidence held sufficient to sustain a finding that the testator was unduly influenced in making his will.</p>