Clement v. Rainey

(after stating the ease as above).

It is insisted that the adjudications of the county court of December 24, 1921, and February 18, 1924, that the testator, II. A. Clement, was of unsound mind were conclusive of the fact that he was not competent to make the will of February 16, 1924, in question here. But the rule is otherwise. “A person,” said the writer of the article on “Wills” in 28 R. C. L. 100, “who, in lunacy proceedings, has been adjudged to be of unsound mind is not necessarily incompetent to make a will although such adjudication is not set aside. One’s mental powers may be so far…