Legal Opinion

In re Estate of Godsil

Superior Court of California, County of San Francisco

Decided July 1, 1895Published

Motion for new trial. The question involved in this case was the admissibility of the conduct and declarations of the testator prior and subsequent to the execution of his will.

1Opinion of the CourtCoffey, J.

On the question of mental condition, whether raised as to unsoundness or undue influence, the conduct and declarations of the testator, both before and after execution, are competent to show capacity or incapacity, if they tend to show its existence at the time of execution, but not otherwise. A sudden change to eccentric and peculiar habits is cogent evidence of insanity. Suicide is not conclusive evidence of insanity.

The testator’s correspondence, his manner of conducting business, etc., are competent. The fact that others dealt with him as sound or unsound of mind is competent when adduced…

2Cases cited165 opinions

  1. Throckmorton v. HoltSupreme Court of the United States · 1901
  2. Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
  3. Marx v. . McGlynnNew York Court of Appeals · 1882
  4. Brown v. MitchellTexas Supreme Court · 1895
  5. In Re Proving the Last Will & Testament of KennedyNew York Court of Appeals · 1901

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