72 So. 500 | Ala. | 1916
Henry Betz and Celestine Bush, son and daughter of Catherine Betz, deceased, filed -this bill to set aside the will of their mother on the ground that it had been procured by the undue influence or coercion of the defendant Mary Louise Lovell, their sister. Catherine Beatty, a sister, and Fred Betz, the surviving husband of testatrix, were also made parties defendant.
Testatrix was 72 years of age. Defendant — we mean Mrs. Lovell — was her eldest daughter. Testatrix was educated, intelligent, and well able to manage the business affairs of the family. All the property stood in her name, she had contributed most substantially to its acquisition, and it is easy to see that she dominated her household. Except for occasional vists, defendant had been absent from her mother’s home for many years. Shortly before this will was made the daughters were summoned to the bedside of their mother. Defendant, who lived and earned her livelihood in Tampa, Fla., came within a few days. The other daughters came too, Mrs. Beatty from Birmingham and contestant Mrs. Bush from Texas; but it seems they stayed only a short time. On the day after the arrival of defendant, and before the other came, deceased made the will in question. Defendant testified that at her mother’s request — and there was nobody.to dispute the point — she sent for Buchmann to draw the will. Testatrix had had several sinking or fainting spells during the night before, and had another after Buchmann’s arrival. But after a few minutes she appeared to regain her usual mental powers. Buchmann had attended to business' matters for her, and evidently was an Intelligent and competent scrivener. He testified that he prepared the will at the dictation of testatrix. Defendant and Fred Betz were present while Buchmann made memoranda of testatrix’s desires. Defendant seemed to be solicitous about her mother, and contestants think she was unduly demonstrative. It would be a harsh judgment to say that her actions evidenced anything more than the natural affection of a daughter for a mother whose life was supposed to be drawing
The foregoing is a rough sketch of the facts most pertinent and material to the questions at issue as we have found them upon consideration of the evidence. We have not attempted to make a circumstantial statement of the evidence. To do so would involve a restatement of much of the record, and would serve no useful purpose. The witnesses have expressed their opinion rather freely about the persons and issues involved; but these opinions, except such of them as relate to the testamentary capacity of testatrix, do not appear to be of much consequence.
Affirmed.