David L. Yulee v. Francis Bradier

David L. Yulee v. Francis Bradier

Lower Court

  • St. Johns County


  • 1861


  • 473


  • 853


must be satisfied from the evidence that the mind of Mrs. Murphy was so weak, she could not act with sense and judgment. That proof of the mind of Mrs. Murphy having been weaker from age and sickness, than it was once, is not alone sufficient to show incapacity to make the will. That in order to find that she was incapable from weakness of mind to make the will, they ought to be satisfied from the evidence- that she had not sufficient reason left to understand what she was doing when she signed it.

4[th]. That to ascertain whether there was undue influence and incapacity, the Jury should consider the opinions of the witnesses, and the facts and circumstances proven that facts and circumstances are entitled to more weight generally than the opinions of witnesses, but the opinions of the witnesses in this case, as to the state of the mind of Mrs. Murphy are good evidence, and the opinions of the medical witnesses are entitled to more weight, than the opinions of the others.

5[th]. That if the Jury find the evidence balanced, that is, if they find as much evidence on one side of the questions of undue influence and incapacity, as on the other, and they cannot decide on which side is the weight of evidence, then they should find in their Verdict, that the Caveators have not proved that there was undue influence, or incapacity, but if they believe that the weight of evidence shows there was undue influence or incapacity they should so find.

That if from sickness, or the influence of medicines the mind of Mrs. Murphy was the greater part of the time so weak, that she was not able to make a will, but there were intervals where her senses were good, and she could understand