120 Me. 434 | Me. | 1921
An instrument legally executed as and for a will shall stand until the maker make another valid will, or he make a lawful codicil or writing, or he otherwise effectually revoke it by an intentional burning, cancellation, tearing or destruction, performed either personally or by a proxy acting under his direction in his presence. So is the statute with regard to the express revocation of a will. R. S., Chap. 79, Sec. 3.
When Mrs. O’Brion of Portland died a document purporting to be her will was filed for proof and establishment. Notwithstanding it apparently conformed with scrupulous care to all essential statutory requisites, yet the courts, both of first instance and appellate, denied the instrument probate; the latter court finding that, although Airs. O’Brion was of testamentary capacity, still she never designed to make the will; that the document was in truth and fact the will of another person executed by her hand; that it was not her own voluntary act, but that it was her act procured by the undue and improper influence of a son of hers called Dennis.
Then another instrument, bearing date some four years earlier than the impeached one, together with a codicil about two years older than the paper which it modified or qualified, were brought forward as her will. Disallowance followed by the Probate Court. On appeal, the Supreme Court of Probate, holding the testatrix mentally competent and the instruments expressive of her will to accord with the requirements of the statute of wills, allowed them accordingly. A contesting child of the testatrix has exceptions. The exceptions have no merit. And this, regardless of the fact that he who procured the making of what was disallowed as a will, is a beneficiary under the proved and allowed one.
It seems to be generally held by the courts in other states that a will may be contested in whole or in part, and that it may be void
Concerning the present case, nothing need be added to what already has been said, except to direct the making of the entry of
Exceptions overruled.