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Reports of Cases Determined by the Supreme Court of the State of Missouri (Volume 260)

Reports of Cases Determined by the Supreme Court of the State of Missouri (Volume 260)


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Turner v. Anderson. So in Illinois it is said: The proof of periodical epileptic attacks attended with convulsions, loss of consciousness, and the usual sequence of such attacks, or proof of temporary pneumonia supervening sucli an attack, with fever and delirium, is not such proof of insanity or lunacy as creates the presumption referred to in this instruction. [Brown v. Riggins, 94 111. 1. c. 569.] Likewise in New York it was held: But it was shown that he at times had epileptic fits, and after such a seizure he became, for two or three days, weak in mind as well as in body, so that he failed, at such times, to recognize his son-in-law and others. But when he recovered from such attacks his mind again became clear and strong, and he would resume his usual avocations. The will in question was made by him after one of these epileptic convulsions, and when no fact or circumstance is shown to exist bringing into doubt his ability to make a will. Without evidence of his want of capacity, at that time, or at a time near it, no case can be said to have been made out by the contestants. It is not disputed but that the testator went voluntarily and at his own suggestion to the county seat of Yates county, there to have prepared and executed his last will, and that he gave particular instructions in .regard to the disposition which he desired to be made of his estate. [In Rapplee's Will, 66 Hun (N. Y.), 1. c. 561.] To the same effect: In re Johnson's Will, 7 N. Y. Misc. 1. c. 224; 1 Underbill on Wills, sec. 112; Buswell on Insanity, sec. 190. Finally in our own State (the case of Wood v. Carpenter) the testator was over eighty years of age There was evidence that he had epileptic fits after making his will, and the plaintiff in the suit to contest his will and her husband, testi...


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Product Details
  • ISBN-13: 9780217982160
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 282
  • Spine Width: 15 mm
  • Width: 189 mm
  • ISBN-10: 0217982166
  • Publisher Date: 31 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 508 gr


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