Legal Opinion

Estate of Pond v. Faust

Washington Supreme Court

Decided March 21, 1917No. 13820PublishedCited by 7 opinions

Appeal from a judgment of the superior court for King county, Albertson, J., entered June 14, 1916, upon findings in favor of the plaintiffs, setting aside a will on the ground of mental incapacity of the testatrix, after a contest tried to the court.

1Opinion of the Court

Holcomb, J. —

The heirs of Mary S. Pond, deceased, seek in this proceeding to set aside her will on the ground that she was mentally incompetent to make the same. The petition was contested by appellant, Katherine Faust, who was made both executrix and a beneficiary under the will.

The only issue raised by this appeal is whether deceased was competent to make a will. The evidence on this question was in direct conflict, and while we realize that the right to dispose of property by will is a valuable property right, of which we are loath to deprive a person except on clear and convincing…

2Cited by7 opinions

  1. In Re Larsen's EstateWashington Supreme Court · 1937
  2. In Re the Estate of WhittierWashington Supreme Court · 1947
  3. Nuhse v. PetersonWashington Supreme Court · 1918
  4. In Re the Estate of ForsmanWashington Supreme Court · 1934
  5. In Re the Estate of HildebrandWashington Supreme Court · 1926

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