Lingle v. Lingle

The contestant alleged that the testatrix was mentally incapable of making a valid will, and that the will was procured by the duress and undue influence of the proponents. The record presents no evidence which would warrant a jury or a court in finding that the testatrix was mentally incapable of disposing- of her property by will. Her advanced age and physical infirmities when the will was executed were not alone sufficient to prove such total disability mentally. Evidence as to her mental and physical condition at the time the will was made was admissible, however, on the issue of undue…