Young v. Miller

— The appellees sued the appellants to set aside the will of Alfred D. Young, alleging that the testator was of unsound mind and that the will was unduly executed.

Upon the trial, the court charged the jury, among other propositions, as follows: “5. Soundness of mind is presumed to exist in all persons until the contrary is shown, and whosoever would set aside a will because of unsoundness of mind of the testator, must prove such unsoundness to exist. Mere weakness of *653mind is not such unsoundness of mind as will of itself invalidate a will, and a mind that is not capable of making important…