Swin v. Knepper

Epitomized Opinion

Suit .to contest a will. Two issues were left to the jury — whether the testator was of sound mind at the time of the execution of the will — and whether he was free from restraint and undue influence at that time. A verdict was returned in favor of plaintiffs, holding the will invalid. Defendants brought error to the Appeals Court. Held:

Declarations of a testator made before and after khe execution of his will are admissible to prove the state of his mind, hut not to prove undue influence. Much evidence of the testator’s declarations was admitted, but no request was made of…