Stafford v. Sutcliffe

The opinion of the court was delivered by

West, J.:

The heirs of Mary F. Tyler brought this suit to set aside her will, devising to Martin Sutcliffe all of her estate except certain small bequests, on the ground of mental incapacity and the fraud of her confidential adviser, who was beneficiary in the will which he drew. The court submitted questions of fact to a jury, who found generally for the plaintiffs, and specially that the testatrix had mental capacity to know she had a will and wanted to sign it, but not sufficient to fully understand its contents; that it was prepared by her…