177 Ind. 267 | Ind. | 1911
Appellees, who are surviving sons and widow of LeRoy Boyd, deceased, offered for probate in the lower court the instrument involved in this case as his last will. Appellant, a daughter of decedent, filed objections and contested the admission of the will to probate, on the grounds that at the time of the alleged execution of the will the testator was of unsound mind, that he was unduly influenced to execute the same, that the will was unduly executed, and that the same was not the last will of decedent.
A jury tried the issues formed by general denial, and returned a verdict sustaining the will, and from a judgment
“ (13) In this ease, therefore, if you find that LeRoy Boyd at the time he executed the will in controversy was possessed of monomania, and that his monomania related to a subject foreign from the disposition of his property and foreign from those who were the natural objects of his care and bounty, and foreign from the subject of his will and from the beneficiaries thereunder, and at the time of the execution of the will he possessed mind enough to comprehend the business in which he was engaged, to know the extent and value of property, the number and names of the persons who were the natural objects of his bounty, their needs and deserts with regard to their treatment toward him, and to rationally apprehend his relation to his children and grandchildren and the manner he wished to distribute his property among them or withhold it from them and that he had a sufficiently strong and active mind during the preparation and execution of his will, and that his will was in noway affected by his mania, if you find he had any such mania, then you should find him of sound mind and return your verdict for the proponents. ’ ’
No criticism is made of the form or substance of these
The rule is that where there is no dispute as to the facts, and no controversy as to the inferences that can be legitimately drawn from them, the question is one of law, and the jury may be directed to return a verdict for one party or
The judgment of the trial court is affirmed.
Note—Reported in .96 N. E. 587. See, also, under (1) 3 Cye. 388; (2,3) 40 Cyc. 1334; (4) 38 Cyc. 1782; (5) 40 Cye. 1337; (6) 16 Cyc. 28; 40 Cyc. 2511; 19 Am. Rep. 410; (7) 29 Cyc. 1013; (8) 3 Cyc. 366; (9) 40 Cyc. 1330; (10) 38 Cyc. 1352; (11) 40 Cyc. 1013. The authorities on the general question what is testamentary capacity are collated in 27 L. R. A. (N. S.)» 2.