Hedin v. Westdala Lutheran Church

AILSHIE, J.,

Concurring. — I concur in the foregoing opinion and I feel constrained to make this further comment on the error contained in the instruction quoted by Justice Morgan. It is going entirely too far to tell a jury that a testator may be competent to dispose of his estate by will when at the same time he was mentally incapable of entering into a contract or disposing of any part of his property by sale or otherwise. That has apparently been sanctioned by some courts as the law but it is not sound reason and ought not to be the law anywhere. Such an instruction in effect tells the…