22 Or. 551 | Or. | 1892
No question of law is involved' in this case. The entire controversy is one of fact. The appellants seek to defeat the probate of this will on the ground of undue influence; that the testator was not of sound mind when the will was executed; that it was not executed by the testator, nor with such formalities the law requires. It appears that the testator had been partially paralyzed a short time before the will was executed; but the evidence makes it clear to us that at the time the will was made his mind was unimpaired. It is true, the testator was unable to talk or to give specific directions in words as to the disposition he wished to make of his property; but the scrivener seems to have proceeded with great care and prudence, and to have elicited from him all the information necessary to enable him to write the will. This was done by asking him questions. The scrivener would commence by asking the testator questions, always framing them so they could be answered by yes or no. In this way he learned how much the testator wished to give to each child, and the provision he wished to make for his wife. This process of discovering the wishes of the testator as to the disposition of his property was slow, but the result was just as certain and satisfactory as if he could have given full
We think the court below could not have done otherwise than sustain the will, and we affirm the decree.