159 Ga. 345 | Ga. | 1924
The allegations in the ground of the caveat to the will setting up the contention that the testator was unduly influenced in making the will, and that the will of others was substituted for the will of the testator, are not merely conclusions of the pleader. Some of the allegations in that ground of the caveat are allegations of fact. It is alleged that one of the daughters of the testator, mother of the defendants, poisoned the mind of the testator against the caveatrix by strongly arousing fears ánd sympathies on the part of the testator, and by deliberately and falsely making to the testator wrongful and untrue charges against caveatrix, to the effect that the caveatrix had no love or affection for the testator
It is true that the allegations of the caveat with reference to undue influence do not furnish information to the defendants of the exact or precise words and language used for the purpose of unduly influencing the testator. If this should be required in cases of this kind, it ’may well be doubted whether undue influence could ever be established. .We can not think that such minute details are required in proceedings of this kind. The Civil Code (1910), § 3834, declares: “The very nature of a will requires that it should be freely and voluntarily executed; hence, anything which destroys this freedom of volition invalidates a will; such as fraudulent practices upon testator’s fears, affections, or sympathies, duress or any undue influence, whereby the will of another is substituted for the wishes of the testator.” If the courts should hold it necessary to allege the precise words employed to unduly influence the mind of the testator, ’that portion of the statute above quoted would become impotent and unenforceable. The impossible in pleading is not required. In order to make the statute enforceable the requirements of pleading should not be so strict as to render it impossible in any case to prove the allegation. When the trial on such an issue reaches the stage where evidence must be introduced to establish the allegations, we find that the rules of evidence in such a case established by long practice in the courts have taken into account the peculiar circumstances surrounding the issue, an‘d the allegations necessary to be próved. In Redfearn on Wills and Administration of Estates, § 48, it is said: “A very wide range of testimony is permissible on the issue of undue influence. This is due to the fact that undue influence seldom can be shown except by circumstantial evidence. It results from the circumstances and
Judgment reversed.