129 Minn. 248 | Minn. | 1915
Budolph Latto died in 1901, leaving an estate worth approximately $180,000. His wife, Maria Latto, was the principal beneficiary under the will. In April, 1911, Maria. Latto, then 78 years old, made a will disposing of part of her property. She never disposed of the balance. In September, 1912, she died and her will was presented to the probate court for probate. No objection was made and it was admitted to probate. Thereafter respondent, a half brother of deceased, appealed to the district court. That court, after a trial upon objection there interposed, held the will invalid, on the ground of incapacity of deceased to malee a will. A motion for a new trial was made and denied, and the executor appeals to this court.
The setting aside of a will is no light matter. Breaking a will is much like making a new one, for it results in passing the property of deceased into channels provided by May in case of intestacy, without the consent of the OAvner. The fact that the testator is eccentric, or erratic or unreasonable, does not incapacitate him from making a will. Not every mental disorder disqualifies him. The test is whether the Avill is affected by the disorder. Church of St. Vincent De Paul v. Brannan, 97 Minn. 349, 107 N. W. 141. Not so much
Order affirmed.