Evans v. Arnold
Supreme Court of Georgia
Wills. Probate. Monomania. Insanity. Order of argument. Onus probandi. Before Judge Schley. Chatham Superior Court. May Term, 1872. On the 5th April, 1867, Isabella Evans petitioned the court of ordinary of Chatham county to set aside the probate in common form of a paper purporting to be the last will and testament of Esther Goldsmith, upon the grounds that, at the time of its alleged execution, she was incompetent to make a will; that the will was the result of monomania,…
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Wills. Probate. Monomania. Insanity. Order of argument. Onus probandi. Before Judge Schley. Chatham Superior Court. May Term, 1872. On the 5th April, 1867, Isabella Evans petitioned the court of ordinary of Chatham county to set aside the probate in common form of a paper purporting to be the last will and testament of Esther Goldsmith, upon the grounds that, at the time of its alleged execution, she was incompetent to make a will; that the will was the result of monomania, and had been procured from her by the misrepresentations, fraud and ■undue influence of the propounders, and by mistake,…
1Opinion of the Court
McCay, Judge.
As respects the exceptions of the plaintiff in error to the refusal of the judge to charge the jury, upon-the effect of certain testimony, and as to the rules for weighing the testimony, we see no serious error. We think the judge was right in refusing to tell the jury that the existence of lunacy in the daughter afforded a violent presumption that the mother was also insane. It was a circumstance to be considered by the jury, and that is all. Perhaps, too, the judge was wrong in saying that such a proposition was contrary to common experience. That, too, was matter for the jury…
2Cases cited1 opinion
- Clark v. FisherNew York Court of Chancery · 1828
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- Steinkuehler v. WempnerIndiana Supreme Court · 1907
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