David L. Yulee v. Francis Bradier

David L. Yulee v. Francis Bradier

Lower Court

  • St. Johns County


  • 1861


  • 473


  • 853


Contested Will of Susan Murphy

The Court instructs the Jury

1sr. that they should be satisfied from the evidence that Mrs. Murphy executed the Will of 4[th] June 1856. If so satisfied, then the presumption of law, is that Mrs. Murphy was of sound mind and memory, capable of making the Will, and that she was not under the contract of any undue influence when she signed it. That to become this presumption, the burden of proof is on the caveators and they must prove, either that the mind of Mrs. Murphy was so weak, that she could not make a will, or that when she made the will she was constrained to do so by undue influence.

2. That to sustain the ground of undue influence the caveators must prove satisfaction to you. 1[st]. that such influence was used. -2[nd] that the influence was not such as arouse from false persuasion, affection, attachment, or a desire to comply with the wishes of another by Mrs. Murphy, but it must have been an influence that was equivalent to force, or fear over the mind of Mrs. Murphy, and to have prevented the exercise of free agency by her. That is you find from the evidence, that any person so influenced her mind as to compel her to make the will against her free will, then they ought to find that it was made under undue influence but if there was no such influence, and the influence used, if there was any, arose from affection on the part of Mrs. Murphy, and from a desire to gratify a friend, a relative, then they ought to find, that there was no wrong influence.

3[rd]. That to sustain the ground of incapacity, the Jury