of the said [?] was reduced by the stress of her malady, or by general exhaustion to such a state of mental depression and debility as to be incapable of a determinate, deliberative, testamentary act, and that this said will was signed by her, under such circumstances, - then she was met in a capacity to make said will, and your verdict should so declare.
5[th]. If you find from the evidence that the said [?] made a settlement of her affairs by a former well considered will and [?] made by here when in full possession of her mental powers, and the said instrument now produced for probate contains internal evidence of intellectual weakness, or improper influence, then the said last mentioned will should not be permitted in law to disturb said settlement.
The second and 5[th] instructions refused, the other given.
Signed, Tha. F. King, Judge