Fowler v. Fowler

The motion for new trial by the caveators of a will, besides the general grounds, contains two special grounds: (1) that the judge in his charge limited the question of insanity to old age, whereas there was evidence to support their averment that the testamentary capacity of the testatrix was affected by pellagra; and (2) that the judge erred in failing to submit to the jury the question of undue influence.

1."Old age and weakness of intellect resulting therefrom does not, of itself, constitute incapacity" to make a will. Code, § 113-205. "A person has testamentary capacity who understands…