Kingsbury v. Whitaker

Ox Application foe Reheaeing.

Fenner, J.

The earnestness, ingenuity, and learning with which the application for rehearing in this case is pressed, and the growing • *1062importance of the subject, have induced us most carefully to review the-voluminous testimony found in the record, and, also, to consider and investigate very closely the legal principles by which courts should be-guided in determining questions of testamentary capacity as affected by mental unsoundness.

The right of testamentary disposition is not, as suggested in the brief of counsel, a mere concession by the law, in favor of the…