81 Md. 134 | Md. | 1895
delivered the opinion of the Court.
Upon a caveat to a will of Catherine Davis issues were framed by the Orphans’ Court of Baltimore City and sent to the Superior Court for trial. They presented the following questions:
1. As to the formal execution of the will.
2. As to her knowledge of its contents.
3. Whether it was procured by undue influence exercised and practised upon her.
4. Whether it was executed by her when she was of sound and disposing mind and capable of executing a valid deed or contract.
Four daughters of Catherine Davis by her former marriage, and the husbands of those who were married, were made the plaintiffs, and her children by her second marriage, together with the husband of a married daughter, were made defendants. At the trial the defendants produced the will and examined the two subscribing witnesses for the purpose of proving the execution of it. The plaintiffs then called a number of witnesses to show undue influence and want of testamentary capacity on the part of Mrs. Davis. At the conclusion of the plaintiff’s case, the defendants offered three prayers, which were, granted by the Court, instructing the jury to find for the defendants on all four issues. From those rulings this appeal was taken.
The first prayer referred to the first and second issues, and as there can be no doubt about the correctness of the
We will first consider the fourth prayer, as that involves the foundation of all valid wills — testamentary capacity.
The burden was on the caveators to overcome the presumption of law that Mrs. Davis was of sufficient mental capacity to make a will. They having undertaken this, it is incumbent on us to examine the record to see whether the evidence offered by them was legally sufficient to fairly support a verdict if the jury found for them. As has often been said by this Court, if the facts proved are such that a rational mind might in reason and fairness from them draw the conclusion sought, it is the duty of the Court to submit the case to the jury. In the case of Hiss v. Weik, 78 Md. 439, the question was stated thus : “ Was the evidence offered by the caveator, assuming it all to'be true, as must be done when weighing its legal sufficiency upon a prayer of this character, so utterly inconclusive or devoid of probative force as not to enable an ordinarily intelligent mind to draw a rational conclusion therefrom in support of the proposition sought to be maintained by it?” Cases often arise in which plaintiffs have so signally failed to sufficiently prove some material fact upon which their right to recover depends, that there can be no'doubt about the duty of the Court to determine the question without leaving it to the jury, as the Court is the exclusive judge of the legal
The evidence shows that Mrs. Davis was married twice, the first time to a Mr. Jenkins. The female plaintiffs are the surviving children of that marriage. "Mr. Jenkins died in 1861, and his widow married Thomas D. Davis in 1862. Shortly before the death of Mr. Jenkins, the property accumulated by his wife was lost through some of his financial troubles. She was an industrious, hard-working woman, and it was not long before she commenced to recover from from her losses and to acquire more property. Mr. Davis was, at the time of their marriage, receiving a salary of $150 per month, and continued to do so for about eighteen months, when he lost his place by reason of the establishment, with which he was connected, suspending work. He was out of his regular employment for about eight years, during which time his wife worked hard to suppport the family. She was assisted by those of her children of her first marriage, who were still at home, and there is testimony tending to show that Mr. Davis did veiy little towards supporting the family or accumulating any property during that time. He died on April 25th, 1890; and at the time of his death there was considerable property in his name, a part of which he left to his children by his former marriage, and the rest to his wife. She also received some twelve or fifteen thousand
The caveators produced as a witness, in addition to the daughters and some intimate friends of the testatrix, a practising physician who was her son-in-law, and knew her socially and professionally for a number of years. He testified that during a period of time mentioned by him, which included the date of the will, Mrs. Davis was not of sound and disposing mind, capable of executing a valid deed 'or contract. It is well-settled in this State, that a physician can testify as to the mental capacity of the testator, without first stating the facts and circumstances on which his opinion was formed. That is because he is presumed to have become, from special study and experience, familiar with the symptoms of mental diseases, and therefore qualified to assist the Court and jury in reaching a correct conclusion. It is clear that the opinion of a medical expert on that subject is ordinarily not only some evidence, but generally very important evidence to go to the jury, particularly if he was well acquainted with the testator and attended him professionally. But it is contended by the learned counsel for the appellees, that admitting this to be true, yet if the medical expert gives the reasons upon which his opinion is founded, and they are such as men of ordinary knowledge can weigh, and are, in the judgment of the Court, such as
Is not this .equally true as to the evidence of professional men ? Their naked opinions, without giving the facts, and circumstances upon which they are founded, are admissible-, as. we have already said, because they are supposed to have been familiar with symptoms of mental disease by study and experience. The appearance of the unfortunate one may enter largely into the reasons which lead , the physician to a conclusion. A busy physician certainly ought not to be expected to recall and state all the facts and circumstances upon which his opinion is founded, even though his patient be his mother-in-law.
Mrs. Crockett said her mother was never the same after the caveat was filed; that “she was more like she was half crazy than anything else.” “My mother was both broke in body and mind;” that her mother went to Saratoga “for her
We do not deem it necessarry to go into any extended discussion of the third prayer. It is sufficient to say that in many respects there is a marked difference between this case-and that of Hiss v. Weik, 78 Md. 439, relied on by the appellant. The testimony in that case shows that Bishop Ames’ will was made on the 7th of April, 1879, and that he died on the 25th of the same month. Mrs. Hiss received a large portion of his estate to the exclusion of an insane son, and that son’s dependent daughter, and very little was left to an invalid daughter. Three days before the will was made the testator conveyed to Mrs. Hiss for the nominal consideration of five dollars and natural love and affection, real estate in Baltimore City valued at forty thousand dollars. The evidence shows that she had said that she had great influence over her father, that he would do anything that she would ask him to do. There were many things in that case, which, taken together, gave some evidence of undue influence, and therefore this Court thought the Court below was right in submitting the case to the jury.
In this case Mrs. Davis lived nearly eighteen months after she made the will. Although she was constantly with the caveators, she never told them she had any desire to change her will, or even that she had made one. There is no evidence that any of the caveatees knew she had. Much
Rulings reversed and new trial awarded.