71 Vt. 224 | Vt. | 1899
One issue on the trial below, was whether Ellen B. Segur, the testatrix, was of sound mind at the time she executed the will in question. The evidence of the contestant tended to prove that she was subject to insane delusions as to her acquaintances, friends and relatives, and that at such times she was unable to judge sanely in relation to the persons in respect to whom she held such delusions; and that she was laboring under such an insane delusion in regard to her son, the contestant, at the time she executed
It must be taken that the testimony referred to in this instruction was relevant to the issue as to the will being the product of an insane delusion of the testatrix in respect to the contestant. By this instruction, the jury must have understood that if the witnesses considered the testatrix to be of such mental capacity that they would have dealt with her in regard to her property, then their testimony had no tendency to prove that she was laboring under an insane delusion as to the contestant and that the will in question was the product of such delusion.
Evidence of delusions is not necessarily countervailed by evidence of business capacity as to ordinary business transactions. The fact that a man is capable of transacting business, whatever its extent, or however complicated it may be, and however considerable the powers of intellect it may require, does not exclude the idea of his being of unsound mind. 1 Clevenger’s Med. Juris. 297; Morse v. Scott, 4 Demarest 507; Smee v. Smee, L. R. 5 Prob. Div. 84; Manley's Exr. v. Staples, 65 Vt. 370; Fraser v. Jennison, 42 Mich. 231; Rivard v. Rivard, 109 Mich. 98: 66 N. W. Rep. 681; Tawney v. Long, 76 Pa. St. 106; Taylor v. Trich, 165 Pa. St. 586: 44 Am. St. 679 and note.
To have the capacity to make a will, a man must be able
The construction of the alleged will was not before the county court, and consequently is not before this court. If the proposed instrument is established as the last will and testament of the testatrix, its construction will properly come before the probate court, when her estate is distributed by it, under' the will, or when some question arises in that court requiring its construction.
Judgment reversed and cause remanded for a new trial.