Legal Opinion

Ball v. Kane

Superior Court of Delaware

Decided November 30, 1897PublishedCited by 3 opinions

Issue from Register of Wills (No. 163 to Sept. T., 1897), to determine whether the paper writing bearing date February 12th, 1892, signed by Michael Kane and attested by John S. Rossell, Michael Hession and William H. Holland, is or is not the last will and testament of Michael Kane, deceased. At the trial, counsel for the caveators asked the witness William B. Carswell if he knew Michael Kane’s drinking habits.

1Opinion of the Court

Tore, C. J:—

We think this testimony is admissible. It is the effect of the use of alcoholic liquors upon the testator’s mind that the caveators seek to prove. Whether they prove it or not is another matter; but it is to be brought down and connected with the time of the making of the will, otherwise it has little or no effect.

Spruancb, J:—

Barring any nice inquiry as to whether the physician knew in fact the condition of the man’s mind at the time the will was made, about which there is some little doubt, yet when he did see him last, which it seems would be not very far from the time when the…

2Cases cited4 opinions

  1. Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
  2. Canada's Appeal from ProbateSupreme Court of Connecticut · 1880
  3. Bates v. BatesSupreme Court of Iowa · 1869
  4. Potter v. BaldwinMassachusetts Supreme Judicial Court · 1882

3Cited by3 opinions

  1. Rodney v. BurtonSuperior Court of Delaware · 1912
  2. In re the Proof of the Paper Writing Purporting to be the Last Will & Testament of MillerSuperior Court of Delaware · 1912
  3. In re Estate of Godsil, Superior Court of California, County of San Francisco1895

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